Legal Opinion

Crocker v. State

Supreme Court of Georgia

Decided January 15, 1873PublishedCited by 19 opinions

Criminal law. Autrefois convict. Before Judge Clark. Lee Superior Court. November Term, 1872. Thomas J. Crocker was placed on trial for the offense of an assault with intent to murder, upon tbe person of Shephard E. Green, alleged to have been committed on August 26th, 1868. The defendant pleaded autrefois convict, as follows, to-wit: “That,at the September term of said Lee Superior Court, for tbe year 1871, defendant was arraigned, tried and convicted before a jury…

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Criminal law. Autrefois convict. Before Judge Clark. Lee Superior Court. November Term, 1872. Thomas J. Crocker was placed on trial for the offense of an assault with intent to murder, upon tbe person of Shephard E. Green, alleged to have been committed on August 26th, 1868. The defendant pleaded autrefois convict, as follows, to-wit: “That,at the September term of said Lee Superior Court, for tbe year 1871, defendant was arraigned, tried and convicted before a jury selected, empanneled and sworn for that purpose, on an indictment then and there pending against him at the instance of the…

1Opinion of the Court

Warner, Chief Justice.

The error complained of in this case is in overruling the defendant’s plea of autrefois convict to the indictment by the Court below. The principle of the law is, that the defendant shall not be twice put in jeopardy for the same offense. The plea of autrefois convict should set forth the former record, including the former indictment, so that it may appear to the Court therefrom, and by proper averments in the plea, that his former conviction was for the same offense as the one for which he is now indicted. The plea in this case is defective because it does not set…

2Cited by19 opinions

  1. Harris v. StateSupreme Court of Georgia · 1941
  2. Gully v. StateSupreme Court of Georgia · 1902
  3. Strobhar v. StateSupreme Court of Florida · 1908
  4. Moundsville v. FountainWest Virginia Supreme Court · 1885
  5. Fews v. StateCourt of Appeals of Georgia · 1907

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