Small v. State
Supreme Court of Georgia
Criminal law. Jeopardy. Before Judge Tompkins. Chatham Superior Court. February Term, 1879. At a special term for the trial of criminal cases, held in the county of Chatham, in the month of April, 1878, Johnson and Small were placed on trial for the offense of murder, alleged to have been committed upon one McDermott. The former was found guilty of murder, the latter of voluntary manslaughter.
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Criminal law. Jeopardy. Before Judge Tompkins. Chatham Superior Court. February Term, 1879. At a special term for the trial of criminal cases, held in the county of Chatham, in the month of April, 1878, Johnson and Small were placed on trial for the offense of murder, alleged to have been committed upon one McDermott. The former was found guilty of murder, the latter of voluntary manslaughter. They moved in arrest of judgment upon the ground that the term at which they were tried was a special term of the superior court* of said county, held under an order passed by Judge Tompkins, of the…
1Opinion of the Court
Bleckley, Justice.
The bill was found at a regular term of the superior court, and was in all respects a good indictment. The special term was appointed by the judge of the circuit, but was opened and held by the judge of another circuit. The statutory provisions which were supposed to be applicable are in sections 242, 243 and 3245 of the Code, which, thrown together, are as follows : “The jurisdiction of the judges of the superior courts is co-extensive with the limits of this state, but they are not compelled to alternate miles required by law. Each of the said judges shall discharge all…
2Cases cited10 opinions
- Henry v. StateSupreme Court of Alabama · 1859
- Nolan v. StateSupreme Court of Georgia · 1875
- Shepherd v. . the PeopleNew York Court of Appeals · 1862
- Commonwealth v. GoddardMassachusetts Supreme Judicial Court · 1816
- State v. PageNebraska Supreme Court · 1882
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3Cited by3 opinions
- Brown v. StateSupreme Court of Georgia · 1900
- Brantley v. StateSupreme Court of Georgia · 1909
- Daniels v. TowersSupreme Court of Georgia · 1887