Legal Opinion

Barlow v. State

Court of Appeals of Georgia

Decided August 25, 1913No. 4957PublishedCited by 2 opinions

Indictment for larceny from the house; from Fayette superior court — Judge R. T. Daniel. May 3,1913.

1Opinion of the Court

Russell, JV

1. As appears from tlie record, the plea in abatement was filed after arraignment and the joinder of issue. “In order for the striking of a plea in abatement to furnish a ground for reversal, it must affirmatively appear that such plea.was filed before arraignment; otherwise it will be presumed that the judgment of the court was right and *307that the plea was filed after arraignment.” Moseley v. State, 74 Ga. 404. See, also, State v. Easter, 30 Ohio St. 542 (27 Am. R. 478); State v. Sharp, 110 N. C. 604 (14 S. E. 504); State v. Rickey, 10 N. J. L. (5 Halsted, 83; State v. Hamlin, 47…

2Cases cited3 opinions

  1. State v. HamlinSupreme Court of Connecticut · 1879
  2. State v. . SharpSupreme Court of North Carolina · 1892
  3. Sheffield v. StateCourt of Appeals of Georgia · 1907

3Cited by2 opinions

  1. Stapleton v. StateCourt of Appeals of Georgia · 1916
  2. Avery & Co. v. MiddlebrooksSupreme Court of Georgia · 1914

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