Legal Opinion

Lampkin v. State

Supreme Court of Georgia

Decided July 13, 1891PublishedCited by 48 opinions

Criminal law. Robbery. Indictment. Statutes; Evidence. Jurors. Practice. Before Judge Hutchins. Clarke superior court. October term, 1890. The indictment against Lampkin and Reaves contained but one count, and charged robbery “by force and intimidation” of one Kelley. Lampkin was found guilty of robbery by intimidation.

Read the full summary

Criminal law. Robbery. Indictment. Statutes; Evidence. Jurors. Practice. Before Judge Hutchins. Clarke superior court. October term, 1890. The indictment against Lampkin and Reaves contained but one count, and charged robbery “by force and intimidation” of one Kelley. Lampkin was found guilty of robbery by intimidation. He moved in arrest of judgment on the grounds that the indictment attempted to charge him in one count with two offences, robbery by force and robbery by intimidation, which cannot be so joined ; that the latter offence is a misdemeanor and the former a felony ; and that the…

1Opinion of the Court

Bleckley, Chief Justice.

1. The first ground of the motion in arrest of judgment attacks the verdict as founded upon an indictment which attempts to charge the accused in one count with two offences, to wit, robbery by force and robbery by intimidation. "Were this ground true in fact, it would be no cause for arresting the judgment. It would render the indictment bad in form, but not in substance. The code, §4628, declares that “Every indictment or accusation of the grand jury shall be deemed sufficiently technical and correct which states the offence in the *523terms and language of this code, or…

2Cases cited2 opinions

  1. Long v. StateSupreme Court of Georgia · 1852
  2. Williams v. StateSupreme Court of Georgia · 1878

3Cited by48 opinions

  1. Frank v. StateSupreme Court of Georgia · 1914
  2. Harris v. StateSupreme Court of Georgia · 1940
  3. Peters v. StateCourt of Appeals of Georgia · 1985
  4. Smith v. StateCourt of Appeals of Georgia · 1907
  5. Bramblett v. StateSupreme Court of Georgia · 1977

43 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API