Fox v. State
Court of Appeals of Georgia
Indictment for breaking railroad-car; from Fulton superior court — Judge Humphries. March 27, 1920. The defendants were convicted in the superior court of Fulton county, Georgia, of the offense of car-breaking.
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Indictment for breaking railroad-car; from Fulton superior court — Judge Humphries. March 27, 1920. The defendants were convicted in the superior court of Fulton county, Georgia, of the offense of car-breaking. The indictment charged the defendants with “ the offense of car-breaking, for that said accused, in the county of Fulton and State of Georgia, on the 15th day of December, 1919, with force and.arms, did break and enter the freight-car known as C. & G. W. 19038, same being the property of the Chicago & Northwestern Railroad, a corporation, and being at the time in the custody,…
1Opinion of the CourtBroyles, C. J.
(After stating the foregoing facts.) To a certified question from this court the Supreme Court answered, in substance, that the question as to the jurisdiction of the trial court was not raised in that court by the usual general grounds of the motion for a new trial, and that it could not be considered when made for the first time in this court. See full opinion of the Supreme Court, 150 Ga. 673 (104 S. E. 361). It follows from what *23has been said that this court cannot hold that the lower court erred in overruling the motion for a new trial.
Judgment affirmed.
Lulce and Bloodxvorbh, JJ.j concur.
2Cases cited1 opinion
- Fox v. StateSupreme Court of Georgia · 1920