Gardner v. State
Supreme Court of Georgia
Practice in Supreme Court. Motion in arrest of judgment. Indictment. Accusation. Evidence. Res gestee. Presumptions. New trial. Criminal law. Before Judge Van Epps. City court of Atlanta.
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Practice in Supreme Court. Motion in arrest of judgment. Indictment. Accusation. Evidence. Res gestee. Presumptions. New trial. Criminal law. Before Judge Van Epps. City court of Atlanta. September term, 1887. In this case and in the preceding one, tlie evidence of "Washington Cobb, on which the convictions mainly rested, was the same. lie testified that, about December 22, 1886, he saw, through a window', Dr. Gardner- and Mary Hunt in her room at his house upon a heel together, her clothes up and her person exposed, and he lying on top of her wdtli his pantaloons down; and that they were…
1Opinion of the Court
Bleckley, Chief Justice.
1. Gardner was tried for the correlative side of the act just considered in the case of Hunt vs. The State. He also was found guilty. He made a motion in arrest of judgment, on the ground that there ivas no indictment found by the grand jury, that the case rested on an accusation in the city court of Atlanta, that the verdict was a nullity, and that he could not be punished upon mere accusation. The bill, of exceptions makes no allusion to the motion in arrest of judgment; if the judge denied it, the denial is unexcepted to in the bill of exceptions; but the denial of…
2Cited by12 opinions
- Holcombe v. StateCourt of Appeals of Georgia · 1908
- Killian v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1896
- Ward v. StateCourt of Appeals of Georgia · 1913
- Southern Railway Company v. CabeCourt of Appeals of Georgia · 1964
- Gordon v. StateSupreme Court of Georgia · 1897
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