Legal Opinion

Finley v. State

Court of Appeals of Georgia

Decided November 11, 1920No. 11653Published

Indictment for larceny of hogs; from Coffee superior court — Judge Summerall. June 11, 1920. The indictment charged A. B. Finley Jr. with larceny of certain hogs of E. M. Lott, “to wit: two black barrow hogs, about nine months old and marked two straight splits in one ear and one straight split in the other ear, and four black sow hogs marked crop, underbit in one ear and underbit in the other ear, and said sow hogs being about nine months old and of the value of sixty…

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Indictment for larceny of hogs; from Coffee superior court — Judge Summerall. June 11, 1920. The indictment charged A. B. Finley Jr. with larceny of certain hogs of E. M. Lott, “to wit: two black barrow hogs, about nine months old and marked two straight splits in one ear and one straight split in the other ear, and four black sow hogs marked crop, underbit in one ear and underbit in the other ear, and said sow hogs being about nine months old and of the value of sixty dollars.” 1. In charging the jury the court stated that the indictment was preferred at the November term, 1917. In the…

1Opinion

ON MOTION FOR REHEARING.

2Per curiam

This court is without-jurisdiction to pass upon the alleged error in overruling the demurrer to the indictment. It can review such errors under two conditions only: (a) when there is a direct bill of exceptions filed in twenty days from the date of the judgment of which complaint is made (Civil Code of 1910, § 6153; Irwin v. State, 117 Ga. 722(1) (45 S. E. 59); (b) where the exceptions are preserved by exceptions pendente lite and error is properly assigned on these exceptions, either in the main bill of exceptions or in this court by counsel for plaintiff in error…

3Cases cited6 opinions

  1. Shaw v. Jones, Newton & Co.Supreme Court of Georgia · 1909
  2. Irwin v. StateSupreme Court of Georgia · 1903
  3. Ponder v. StateCourt of Appeals of Georgia · 1920
  4. Stover v. AdamsSupreme Court of Georgia · 1901
  5. Jones v. StateCourt of Appeals of Georgia · 1917

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