Legal Opinion

Holder v. State

Court of Appeals of Georgia

Decided October 9, 1953No. 34885PublishedCited by 4 opinions

1Opinion of the CourtCarlisle, J.

Where, on the trial of one under an indictment in two counts, charging him with (1) possession of intoxicating liquors in a dry county, and (2) with the sale of intoxicating liquors in a dry county, the jury returns a verdict of not guilty under count. 1, but guilty under count 2 “by reason of aiding and abetting”; and, during the term at which he was convicted, the defendant moves in arrest of judgment on the ground that the evidence was necessarily the same under both coimts of the indictment and involved one transaction, and therefore the verdict is void for repugnancy, as the defendant…

2Cases cited4 opinions

  1. Kuck v. StateSupreme Court of Georgia · 1919
  2. Smith v. StateCourt of Appeals of Georgia · 1928
  3. Davis v. StateCourt of Appeals of Georgia · 1931
  4. Britt v. StateCourt of Appeals of Georgia · 1927

3Cited by4 opinions

  1. State v. AmersonSupreme Court of South Carolina · 1964
  2. Colley v. StateCourt of Appeals of Georgia · 1965
  3. Ansley v. StateCourt of Appeals of Georgia · 1971
  4. Ansley v. StateCourt of Appeals of Georgia · 1971

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