Renfroe v. State
Court of Appeals of Georgia
Accusation of pointing weapon at another; from city court of' Sandersville — Judge Jordan. 1. The accusation set out in fhe plea of former jeopardy omitted to state the kind of weapon pointed by the accused, or the name of the person at whom it was pointed. He was charged “with the offense of pointing a weapon at another; for that,” at a designated time and place, he did, “unlawfully and with force of arms, intentionally point one certain-at one-, not in sham battle,” etc.
Read the full summary
Accusation of pointing weapon at another; from city court of' Sandersville — Judge Jordan. 1. The accusation set out in fhe plea of former jeopardy omitted to state the kind of weapon pointed by the accused, or the name of the person at whom it was pointed. He was charged “with the offense of pointing a weapon at another; for that,” at a designated time and place, he did, “unlawfully and with force of arms, intentionally point one certain-at one-, not in sham battle,” etc. This accusation-was quashed, over the objection of the defendant, after he had waived arraignment, pleaded not guilty,…
1Opinion of the CourtRussell, J.
1. A plea of former jeopardy can not be predicated on the fact that the defendant has previously been put on trial under a void accusation. Such an accusation being an absolute nullity, the defendant could not waive the defect therein and consent that the trial proceed.
2. The instruction requested was substantially embodied in the general charge; and the omission to define an unlawful arrest, in the absence of any request on that subject, is not reversible error.
3. The evidence amply authorized the verdict of guilty.
Judgment affirmed.
Accusation of pointing weapon at another; from city court…
2Cases cited7 opinions
- Johnson v. StateSupreme Court of Georgia · 1892
- Thompson v. ThompsonSupreme Court of Georgia · 1887
- Logan v. StateSupreme Court of Georgia · 1890
- Wiggins v. TysonSupreme Court of Georgia · 1901
- Conley v. StateSupreme Court of Georgia · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Walker v. StateCourt of Appeals of Georgia · 1912
- Culpepper v. StateCourt of Appeals of Georgia · 1931