Irwin v. State
Supreme Court of Georgia
Indictment for assault with intent to rob. Before Judge Roan. Fulton superior court. April 29, 1903.
1Opinion of the CourtSimmons, C. J.
In a criminal proceeding the pendency of a former indictment, for the same offense is no ground for a plea in abatement or in bar, although the accused may have been arraigned thereon and have filed a plea. Doyal v. State, 70 Ga. 134 ; Clark’s Crim. Proc. 115, 377, 407, and cases cited; Archb. Crim. Pr. & PL 336 ; ease of Swan & Jefferies, Poster’s Crown L. 105. Where several indictments for the same offense are pending against the same person,' it is immaterial npon which he is first tried. Whenever he has been acquitted or convicted upon any one of them, he can plead such acquittal or…
2Cases cited1 opinion
- Doyal v. StateSupreme Court of Georgia · 1883
3Cited by24 opinions
- Sims v. StateSupreme Court of Georgia · 1965
- Hobbs v. StateSupreme Court of Georgia · 1972
- Leatherwood v. StateCourt of Appeals of Georgia · 1994
- Massey v. StateSupreme Court of Georgia · 1966
- Gray v. StateCourt of Appeals of Georgia · 1909
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