Legal Opinion

Hamby v. State

Court of Appeals of Georgia

Decided March 8, 1985No. 69344PublishedCited by 15 opinions

1Opinion of the Court

Sognier, Judge.

Gregory Hamby, Jessie Nichols, Tommy Rhoten and Lewis Snow were convicted of using abusive and obscene language, and simple assault. They appeal their convictions of both charges.

1. Appellants contend the trial court erred by denying their pleas in bar of trial, based on a contention they were arrested illegally. This contention is without merit. Assuming, without deciding, that appellants’ arrest was illegal, the United States Supreme Court has held that an illegal arrest, without more, is not a bar to a subsequent prosecution, nor a defense to a valid conviction. United…

2Cases cited9 opinions

  1. United States v. CrewsSupreme Court of the United States · 1980
  2. Humphrey v. StateSupreme Court of Georgia · 1984
  3. Bethay v. StateSupreme Court of Georgia · 1975
  4. Lee v. StateSupreme Court of Georgia · 1981
  5. Lackey v. StateSupreme Court of Georgia · 1980

4 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Lewis v. StateCourt of Appeals of Georgia · 2002
  2. State v. RooksSupreme Court of Georgia · 1996
  3. Roberts v. StateCourt of Appeals of Georgia · 1985
  4. Mortimer v. StateCourt of Appeals of Georgia · 1986
  5. In the Interest of T. Y. B.Court of Appeals of Georgia · 2007

10 more not listed; retrieve them via the Exa API.

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