Henderson v. State

The defendant, Joe Henderson, was tried and convicted under an indictment charging that he “did unlawfully arrest, confine and detain Henry Brown, without process, warrant, or legal authority to justify it, in the county jail at Ringgold, Georgia. . .”

*831The defendant’s motion for new trial, based on the usual general grounds and eight special grounds, was denied, and he assigns error on that judgment.

Under the view which this court takes of the case, the controlling issue is contained in special ground 7 of the amended motion for new trial which is quoted here:

“The court erred in failing,…