Branson v. State
Supreme Court of Georgia
■Certiorari. Before Judge Milner. Bartow superior court. January term, 1896. Branson was tried in the city court of Bartow county, upon an established copy of a presentment alleged to have-been found by the grand jury of Bartow county against him and one Anderson, charging them with larceny from the house on October 1, 1893, in stealing from the chicken-house of Dee Heard certain described chickens, the property of Oiely Heard.
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■Certiorari. Before Judge Milner. Bartow superior court. January term, 1896. Branson was tried in the city court of Bartow county, upon an established copy of a presentment alleged to have-been found by the grand jury of Bartow county against him and one Anderson, charging them with larceny from the house on October 1, 1893, in stealing from the chicken-house of Dee Heard certain described chickens, the property of Oiely Heard. Branson was found guilty. - One of his assignments of error was, that the description of chickens in the established copy was not the same as that in the original…
1Opinion of the CourtSummons, C. J.
1. Where a paper has been by a proper order of court established as a copy of a lost indictment or presentment, the copy, until such order has been set aside, stands in lieu of ■the original. If such order is not revoked, the mere finding of a paper purporting to be the lost original cannot in any manner affect the legal status of the case.
2. The testimony of a witness for the State who swears that he - and the accused on trial jointly committed a misdemeanor cannot be corroborated by evidence showing that the witness had previously pleaded guilty to this identical offense.
Judgment reversed.
Th…
2Cited by4 opinions
- Foster v. StateCourt of Appeals of Georgia · 1986
- Fields v. StateCourt of Appeals of Georgia · 1953
- O'Berry v. DavisCourt of Appeals of Georgia · 1924
- Foster v. StateCourt of Appeals of Georgia · 1986