Legal Opinion

Franklin v. State

Supreme Court of Georgia

Decided June 2, 1890PublishedCited by 22 opinions

Criminal law. Former jeopardy. Indictment. Before Judge Falli&ant. Chatham superior court. December term, 1889. Reported in the decision.

1Opinion of the Court

Bleckley, Chief Justice.

The constitution (Code, §5000) 'declares : “ No person shall be put in jeopardy of life, or liberty, more than once for the same offence, save on his, or her, own *571motion for a new trial after conviction, or in case of mistrial.” Our statute law (Code, §4649) declares that “No nolle prosequi shall be entered on any bill of indictment after the case„has been submitted to the jury, except by the consent of the defendant.” That jeopardy begins when the jury are empanelled and sworn, is the rule l’ecognized in Georgia. Newsom v. State, 2 Ga. 60; Reynolds v. State, 3 Ga. 53;…

2Cases cited9 opinions

  1. Roberts v. StateSupreme Court of Georgia · 1853
  2. Nolan v. StateSupreme Court of Georgia · 1875
  3. State v. ShepardSupreme Court of Connecticut · 1828
  4. State v. SmithSupreme Court of Vermont · 1871
  5. Reynolds v. StateSupreme Court of Georgia · 1847

4 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Ward v. StateCourt of Appeals of Maryland · 1981
  2. Harris v. StateSupreme Court of Georgia · 1941
  3. Bell v. StateSupreme Court of Georgia · 1898
  4. Brown v. StateSupreme Court of Georgia · 1900
  5. Ferguson v. StateSupreme Court of Georgia · 1963

17 more not listed; retrieve them via the Exa API.

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