Legal Opinion

Holt v. State

Supreme Court of Georgia

Decided December 15, 1868PublishedCited by 35 opinions

Autre fois acquit. Demurrer. Decided by Judge Knight. Gilmer Superior Court. October Term, 1868. At October Term, 1865, of said Court, John Holt and six others were indicted for assault with intent to murder. The indictment charged that, on the 10th day of August, 1865, in said county, said defendants, with a loaded pistol, willfully, feloniously, and of their malice aforethought, assaulted Margaret Ralston, and shot at her, etc., with intent, then and there, to murder her.

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Autre fois acquit. Demurrer. Decided by Judge Knight. Gilmer Superior Court. October Term, 1868. At October Term, 1865, of said Court, John Holt and six others were indicted for assault with intent to murder. The indictment charged that, on the 10th day of August, 1865, in said county, said defendants, with a loaded pistol, willfully, feloniously, and of their malice aforethought, assaulted Margaret Ralston, and shot at her, etc., with intent, then and there, to murder her. It was unexceptionable as to form. At May Term, 1866, of said Court, five of the defendants, including Holt, demanded a…

1Opinion of the CourtWarner, J.

The error assigned to the judgment of the Court below is, in sustaining the demurrer to the defendants’ plea of former acquittal by the order and judgment of the Court, as provided by the 4554th section of the Code. In the first indictment, the defendants are charged with shooting'at Margaret Ralston with a loaded pistol, on the 10th day of August, 1865, feloniously and of their malice aforethought, with intent to murder her. In the second indictment, the defendants are charged on the same day, in the same county, with having feloniously and maliciously shot a loaded pistol at Margaret…

2Cited by35 opinions

  1. Harris v. StateSupreme Court of Georgia · 1941
  2. People v. MajorsCalifornia Supreme Court · 1884
  3. State v. ElderIndiana Supreme Court · 1879
  4. Gully v. StateSupreme Court of Georgia · 1902
  5. Bell v. StateSupreme Court of Georgia · 1898

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