Legal Opinion

Conley v. State

Supreme Court of Georgia

Decided October 21, 1889PublishedCited by 18 opinions

Criminal law. Practice. Indictment. Accusation. Amendment. Venue. Before Judge Van Epps. City court of Atlanta. December term, 1888. John L. Conley was tried on an accusation by M. B. Maher that, after executing to Maher a mortgage deed to certain personalty, he sold and disposed of a portion of the same to a named corporation, with intent to defraud the mortgagee, and without obtaining his consent or paying the indebtedness the mortgage was given to secure; whereby the…

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Criminal law. Practice. Indictment. Accusation. Amendment. Venue. Before Judge Van Epps. City court of Atlanta. December term, 1888. John L. Conley was tried on an accusation by M. B. Maher that, after executing to Maher a mortgage deed to certain personalty, he sold and disposed of a portion of the same to a named corporation, with intent to defraud the mortgagee, and without obtaining his consent or paying the indebtedness the mortgage was given to secure; whereby the mortgagee sustained loss, etc. After the introduction of evidence and during the argument of counsel, it was discovered…

1Opinion of the Court

Blandeord, Justice.

The only assignment of error which is necessary to be considered and decided in this case, is the complaint of the plaintiff in error that the court erred in allowing the accusation to be amended so as to charge the offence as having been committed in the county of Fulton, this having been omitted in the original accusation, and it appearing that the accused had been put upon his trial, a jury selected, all the testimony submitted, and argument of counsel to some extent heard, when this amendment was allowed and the case proceeded without any proof being offered other than…

2Cited by18 opinions

  1. Chancey v. StateSupreme Court of Georgia · 1986
  2. Wright v. StateSupreme Court of Georgia · 2004
  3. Conley v. RedwineSupreme Court of Georgia · 1900
  4. Goldsmith v. StateCourt of Appeals of Georgia · 1907
  5. Flanders v. StateCourt of Appeals of Georgia · 1958

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