State v. Jones
Supreme Court of Georgia
This writ of error was sued out to review a decision .of Judge Wright, ordering an indictment quashed against the defendant, who was charged, in Lumpkin Superior Court, with the offence of false imprisonment. A motion was made to dismiss the writ in this Court, on the ground, that under the Act organizing this Court, a writ of error does not lie at the instance of the State to review a decision in favor of the defendant.
1Opinion of the Court
By the Court. —
Nisbet, J.
delivering the opinion.
[1.] A motion was made in the Court below to quash the indictment, which was sustained, and upon that judgment, the State brought this writ of error. A motion is now made before us to dismiss the writ, upon the ground that the State cannot, in a crim*423inal case, bring a writ of error to this Court. We sustain the motion, and the writ is dismissed. The effect of a judgment to quash, is to annul the indictment, and is founded upon such defect therein, as would make it impossible to execute judgment in the case. An order to quash is therefore a final…
2Cases cited4 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- United States v. GibertU.S. Circuit Court for the District of Massachusetts · 1834
- Wiscart v. DauchySupreme Court of the United States · 1796
- People v. ComstockNew York Supreme Court · 1832
3Cited by35 opinions
- Arizona v. ManypennySupreme Court of the United States · 1981
- State v. CreightonSupreme Court of Florida · 1985
- Eaves v. StateSupreme Court of Georgia · 1901
- Sims v. StateSupreme Court of Georgia · 1965
- State v. A.M.R.Washington Supreme Court · 2002
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