Legal Opinion

Chapman v. State

Supreme Court of Georgia

Decided August 15, 1855No. 108PublishedCited by 22 opinions

Indictment for misdemeanor, in Fulton Superior Court. Tried before Judge Bull, April Term, 1855. This was an indictment, found by the Grand Jury of Fulton County, at the April Term, 1854, of the Superior Court, against the defendant, William B. Chapman, for playing and betting at various games played with cards. To which the-plea of not guilty was filed.

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Indictment for misdemeanor, in Fulton Superior Court. Tried before Judge Bull, April Term, 1855. This was an indictment, found by the Grand Jury of Fulton County, at the April Term, 1854, of the Superior Court, against the defendant, William B. Chapman, for playing and betting at various games played with cards. To which the-plea of not guilty was filed. On the trial, Counsel for the defendant, before arraignment, moved the Court to quash the bill of indictment, upon the ground that it appeared, from the bill, that Wesly Hudson and Edmund R. Gresham, acted as Grand Jurors in finding' the said…

1Opinion of the Court

By the Court.

Lumpkin, J.

delivering the opinion.

[1.] No error is assigned as to Gresham’s name ; and the question is, whether Hudson and Hutson be idem sonans ?

In 7 Missouri Reports, 142, the point was made upon this identical name; and it was held, that the popular pronunciation of the two letters which constitute the alleged difference in the word, whether written Hudson or Hutson, being precisely the same, there was no difference.

We would merely add, that mistakes in spelling or writing the names of Grand Jurors, either by the clerk of the Jury, in the body of the indictment, or by the…

2Cited by22 opinions

  1. Gresham v. StateSupreme Court of Georgia · 1960
  2. State v. WittSupreme Court of Kansas · 1885
  3. Turner v. StateSupreme Court of Georgia · 1886
  4. Canal Insurance Co. v. TateCourt of Appeals of Georgia · 1965
  5. Lovett v. StateCourt of Appeals of Georgia · 1911

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