Harris v. State
Supreme Court of Georgia
Criminal Law. Dueling. Indictment. Before Judge Tompkins. Eicbmond Superior Court. October Term, 1876. At the April term, 1876, of Eichmond superior court, Harris was indicted for consenting to be a second in a duel “ on the 16th day of December, 1876.” Before pleading to the indictment, defendant demurred thereto on two grounds: first, that there was no such offense known to the laws of Georgia as the one charged; second, that the time laid in said indictment was subsequent…
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Criminal Law. Dueling. Indictment. Before Judge Tompkins. Eicbmond Superior Court. October Term, 1876. At the April term, 1876, of Eichmond superior court, Harris was indicted for consenting to be a second in a duel “ on the 16th day of December, 1876.” Before pleading to the indictment, defendant demurred thereto on two grounds: first, that there was no such offense known to the laws of Georgia as the one charged; second, that the time laid in said indictment was subsequent to the finding thereof. The demurrer was overruled, and this is the error brought up for review.
1Opinion of the Court
Jackson, Judge.
Two questions are made by the record in this case: first, is the crime of consenting to act as second in a duel complete, if the consent be given in this state but the duel is fought in another state ? and second, is the indictment good when it charges that the offense was committed on a day after the finding of the true bill by the grand jury, when *333the exception is taken by special demurrer before plea and trial?
1. The first point depends upon the construction of section 4517 of our Code. That section reads as follows: “If any person shall knowingly and wilfully, carry and…
2Cited by14 opinions
- State v. EubanksSupreme Court of Georgia · 1977
- Lyles v. StateSupreme Court of Georgia · 1959
- Bailey v. StateSupreme Court of Georgia · 1880
- Adkins v. StateSupreme Court of Georgia · 1897
- Brown v. StateCourt of Appeals of Georgia · 1950
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