Legal Opinion

Burnam v. State

Court of Appeals of Georgia

Decided July 25, 1907No. 539PublishedCited by 9 opinions

Indictment for assault witli intent to murder, from Dodge superior court — Judge Martin. May 21, 1907.

1Opinion of the CourtPowell, J.

The defendant, being arraigned upon an indict- • ment charging him with an assault with intent to murder Mrs. Ray on January 31, 1905, filed a plea of former jeopardy and former acquittal. He alleged, that at a preceding term of the court he *396had been arraigned, tried, and acquitted on an indictment charging him with the murder of M. P. Livingston, “alleged to have been committed at the same time and place as in the present indictment; and an acquittal on the same evidence was had, and the same issues made as exist and would necessarily be made in this case, and which is the very same offense…

2Cases cited4 opinions

  1. Fews v. StateCourt of Appeals of Georgia · 1907
  2. Johnson v. StateSupreme Court of Georgia · 1880
  3. Lock v. StateSupreme Court of Georgia · 1905
  4. Smith v. BrownSupreme Court of Georgia · 1873

3Cited by9 opinions

  1. Harris v. StateSupreme Court of Georgia · 1941
  2. State v. SingletonArizona Supreme Court · 1947
  3. Crampton v. 54-A District JudgeMichigan Supreme Court · 1976
  4. Hand v. StateCourt of Appeals of Georgia · 1954
  5. Ruffin v. StateCourt of Appeals of Georgia · 1922

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