People v. Barton

I dissent.

Elementary principles of law as applied to facts that were conclusively established made it the duty of the trial court to acquit the defendant of attempted murder and all included offenses.

The guiding principle is that a judgment in a criminal case conclusively implies the existence of facts necessary to the rendition of the judgment and the nonexistence of facts that would have prevented its rendition. They cannot be relitigated between the parties. (Sealfon v. United States, 332 U.S. 575 [68 S.Ct. 237, 92 L.Ed. 180] ; Harris v. State, 193 Ga. 109 [17 S.E.2d 573, 147 A.L.R. 980];…