Roberts v. State
Supreme Court of Georgia
Indictment for Robbery, in Monroe Superior Court. Tried before Judge Staric®, March Term, 1853. The defendants, with others, were indicted for a robbery committed upon John Jackson of said County. At March Term, 1853, they filed a plea setting forth the record of a former indictment against them for burglary, upon which they had been tried and convicted, and which they averred to bo the same felony, and none other, for which they were now indicted.
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Indictment for Robbery, in Monroe Superior Court. Tried before Judge Staric®, March Term, 1853. The defendants, with others, were indicted for a robbery committed upon John Jackson of said County. At March Term, 1853, they filed a plea setting forth the record of a former indictment against them for burglary, upon which they had been tried and convicted, and which they averred to bo the same felony, and none other, for which they were now indicted. To this plea, the Solicitor General in writing demurred, denying its sufficiency in Law, to operate the acquittal of the defendants. Upon…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
[1.] The first point for our consideration, is the alleged error of the Court below in overruling the plea of autre fois convict.
To the plea of former conviction, filed by the defendants, the Solicitor General demurred, insisting that it was not sufficient in Law, and that the defendants were bound by the Law of the State to answer the indictment. By thus demurring, the State’s counsel whilst denying the legal sufficiency of the plea, and of the matters and things therein contained, to operate *11the acquittal of the defendants, neccessarily…
2Cases cited5 opinions
- People v. DouglassNew York Supreme Court · 1825
- the People v. Ransom.New York Supreme Court · 1831
- People v. M'GowanNew York Supreme Court · 1837
- Commonwealth v. CunninghamMassachusetts Supreme Judicial Court · 1816
- Ex parte HuntNew York Supreme Court · 1826
3Cited by60 opinions
- Harris v. StateSupreme Court of Georgia · 1941
- People v. MajorsCalifornia Supreme Court · 1884
- State v. ElderIndiana Supreme Court · 1879
- Tooke v. StateCourt of Appeals of Georgia · 1908
- Gully v. StateSupreme Court of Georgia · 1902
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