Legal Opinion

Hamilton v. State

Supreme Court of Georgia

Decided July 15, 1895PublishedCited by 2 opinions

Indictment for seduction. Before Judge Smith. Montgomery superior court. April term, 1895.

1Opinion of the CourtSimmons, C. J.

1. That an indictment contained the names of only eighteen grand jurors, among which the same name occurred twice, does not, without more, raise the presumption, that this name in both places referred to one and the same: person.

2. After a conviction on such an indictment, judgment will not be arrested on the ground that only seventeen grand jurors acted, in finding the indictment, nor can such motion be aided by evidence offered to prove that the name which occurred twice in the indictment related to one person only. Motions in arrest of judgment must be predicated upon defects appearing on…

2Cited by2 opinions

  1. Mize v. Americus Mfg. & Improvement Co.Supreme Court of Georgia · 1899
  2. Giddens v. StateSupreme Court of Georgia · 1921

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