Barlow v. State
Court of Appeals of Georgia
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
- State v. HamlinSupreme Court of Connecticut · 1879
- State v. . SharpSupreme Court of North Carolina · 1892
- Sheffield v. StateCourt of Appeals of Georgia · 1907
3Cited by2 opinions
- Stapleton v. StateCourt of Appeals of Georgia · 1916
- Avery & Co. v. MiddlebrooksSupreme Court of Georgia · 1914