Minyard v. State
Court of Appeals of Georgia
Indictment for sale of liquor; from city court of Americus— Judge Harper. August 26, 1915. The plea referred to in the decision was as follows: “Now comes . . defendant, and files this his plea of former jeopardy in said case, and would show to the court that he has been put in jeopardy for the offense charged in said indictment, and can not, therefore,, be put on trial again for said offense, but should be discharged upon the following grounds, to wit: “1. He would show…
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Indictment for sale of liquor; from city court of Americus— Judge Harper. August 26, 1915. The plea referred to in the decision was as follows: “Now comes . . defendant, and files this his plea of former jeopardy in said case, and would show to the court that he has been put in jeopardy for the offense charged in said indictment, and can not, therefore,, be put on trial again for said offense, but should be discharged upon the following grounds, to wit: “1. He would show that on the 9th day of July, 1915, this date, his ease was called for trial; he announced ready, and the State announced…
1Opinion of the CourtBroyles, J.
1. Where a criminal case was called for trial and both sides announced ready, and the jury were selected and sworn, and one of the jurors stated to the court that he was on the grand jury that found the bill of indictment against the defendant, and the court, of its own motion, without the consent of the defendant, but without any objection *399from, him, set aside that juror and withdrew the ease from the jury, and proceeded to have another jury stricken and sworn to try the case, and thereupon the defendant filed a plea in bar, on the ground that he had been put in former jeopardy and that the…
2Cases cited3 opinions
- Jackson v. StateSupreme Court of Georgia · 1874
- Watkins v. StateSupreme Court of Georgia · 1878
- Armor v. StateSupreme Court of Georgia · 1906
3Cited by1 opinion
- Jones v. AndersonDistrict Court, S.D. Georgia · 1974