Legal Opinion

Brooks v. State

Court of Appeals of Georgia

Decided November 17, 1921No. 12760PublishedCited by 5 opinions

Indictment for larceny of automobile; from Putnam superior court--Judge Park. July 6, 1921.

1Opinion of the CourtBroyles, C. J.

It is well settled that where two or more distinct and-separate offenses are charged in different counts of an indictment, a general verdict of guilty means guilty under each and every count, and the verdict cannot be sustained unless the charge in each and every count is supported by evidence. Morse v. State, 10 Ga. App. 61 (4) (72 S. E. 534); Dozier v. State, 14 Ga. App. 473 (81 S. E. 368); Innes v. State, 19 Ga. App. 271 (91 S. E. 339); Sewell v. State, 23 Ga. App. 765 (5) (99 S. E. 320). In the instant case the indictment under which the defendant was convicted contained two counts, the…

2Cases cited4 opinions

  1. Morse v. StateCourt of Appeals of Georgia · 1911
  2. Innes v. StateCourt of Appeals of Georgia · 1917
  3. Dozier v. StateCourt of Appeals of Georgia · 1914
  4. Sewell v. StateCourt of Appeals of Georgia · 1919

3Cited by5 opinions

  1. Warren v. StateCourt of Appeals of Georgia · 1924
  2. Lee v. StateCourt of Appeals of Georgia · 1924
  3. Hornbuckle v. StateCourt of Appeals of Georgia · 1947
  4. Evans v. StateCourt of Appeals of Georgia · 1965
  5. Wilkerson v. StateCourt of Appeals of Georgia · 1925

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