Mize v. State
Supreme Court of Georgia
Criminal law. Autrefois eonviet Jurisdiction. Mize was indicted for gaming, alleged to have been committed on April 12th, 1873. He pleaded former conviction, “ that he was, on the affidavit and written accusation of one William Mims, arraigned and tried in the Justice Court for the seven hundred and eighty-ninth district, before their Honors John B. Pilsbury, Notary Public, and W. C. Godwin, Justice of the Peace, for the same offense, and was, on his plea of guilty,…
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Criminal law. Autrefois eonviet Jurisdiction. Mize was indicted for gaming, alleged to have been committed on April 12th, 1873. He pleaded former conviction, “ that he was, on the affidavit and written accusation of one William Mims, arraigned and tried in the Justice Court for the seven hundred and eighty-ninth district, before their Honors John B. Pilsbury, Notary Public, and W. C. Godwin, Justice of the Peace, for the same offense, and was, on his plea of guilty, sentenced and punished for the same offense, as is set forth in said indictment, said Justice and Notary Public having authority…
1Opinion of the Court
Teippe, Judge.
The defendant (plaintiff in error,) had, before this trial, been prosecuted, convicted and punished for the same offense by a Court which had jurisdiction of the case. It is true that the conviction and punishment was by an Inferior Court, of limited jurisdiction, with power given by a special statute to take cognizance of such cases, and that, at the same time, this indictment was pending in the Superior Court. But it does not appear from the record that the defendant had ever been arrested under the indictment, or even had notice of it, or that the Court which tried him had…
2Cases cited1 opinion
- Burdett v. StateTexas Supreme Court · 1852
3Cited by2 opinions
- State v. ChinaultSupreme Court of Kansas · 1895
- State v. RaafIdaho Supreme Court · 1909