Legal Opinion

Bell v. State

Supreme Court of Georgia

Decided January 15, 1871PublishedCited by 5 opinions

Criminal law. Certainty. Arrest of judgment. Constitutional law. Before Judge Harrell. Randolph Superior Court. May Term, 1870. Bell was, at May Term, 1870 of said Court, indicted for larceny from the person, in said Court. The indictment charged him with the larceny of “twelve "five dollars and one ten dollars notes, to-wit: United States promissory or bank notes of the value of seventy dollars.” Upon it he was then and there tried and convicted.

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Criminal law. Certainty. Arrest of judgment. Constitutional law. Before Judge Harrell. Randolph Superior Court. May Term, 1870. Bell was, at May Term, 1870 of said Court, indicted for larceny from the person, in said Court. The indictment charged him with the larceny of “twelve "five dollars and one ten dollars notes, to-wit: United States promissory or bank notes of the value of seventy dollars.” Upon it he was then and there tried and convicted. His counsel moved in arrest of judgment, upon the grounds, that the Superior Court had no jurisdiction of said offense, and because the indictment…

1Opinion of the Court

*McCAY, J.

The Constitution of 1868, Article V., section 1st, declares that “the judicial powers of this State shall be vested in a Supreme Co.urt, Superior Court, Courts of Ordinary, Justices of the Peace, commissioned Notaries Public, and such other Courts as may have been or may be established by law.” Section 16th of the same article abolishes the County-Courts. Section 14th abolishes the Inferior Courts. So that at the date of the adoption of the Constitution, the only Courts in existence in Georgia, were the Courts mentioned in section 1st, of Article V., as quoted above.

The District…

2Cited by5 opinions

  1. Hicks v. StateCourt of Appeals of Georgia · 1997
  2. Kyler v. StateCourt of Appeals of Georgia · 1956
  3. Smith v. StateCourt of Appeals of Georgia · 1940
  4. Allen v. StateCourt of Appeals of Georgia · 1952
  5. Royster v. StateCourt of Appeals of Georgia · 1997

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