McDonald v. Sowell
Supreme Court of Georgia
Rule. Before Judge Reagan. Henry superior court. October 18. 1906. McDonald filed a petition against Sowell, as sheriff, alleging, that the petitioner was tried on an indictment charging him with a. misdemeanor; that the indictment contained two counts; that in one count he was charged with selling liquor without a license, ■and in the other with talcing orders for the sale of liquor, in territory where the sale of liquor was prohibited by law; that at the trial the jury…
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Rule. Before Judge Reagan. Henry superior court. October 18. 1906. McDonald filed a petition against Sowell, as sheriff, alleging, that the petitioner was tried on an indictment charging him with a. misdemeanor; that the indictment contained two counts; that in one count he was charged with selling liquor without a license, ■and in the other with talcing orders for the sale of liquor, in territory where the sale of liquor was prohibited by law; that at the trial the jury rendered a verdict of guilty on the second count, ■and petitioner was sentenced to pay a fine of $200; that he paid this…
1Opinion of the CourtCobb, P. J.
(After stating the facts.) If the acts charged in an indictment constitute no offense under the laws of the State, the judgment may be arrested upon a motion made during the term at which the verdict was rendered, or the prisoner may be ■discharged upon a writ of habeas corpus, provided no question as to the validity of the indictment was adjudicated at the trial. McDonald v. State, 126 Ga. 536 (55 S. E. 235), and cit. The verdict and judgment in such a case is an absolute nullity. If, under such a judgment, a person is imprisoned, the imprisonment *244is unlawful, and he is entitled to a…
2Cases cited6 opinions
- Blocker v. ClarkSupreme Court of Georgia · 1906
- Houtz v. Board of CommissionersWyoming Supreme Court · 1902
- McDonald v. StateSupreme Court of Georgia · 1906
- Bailey v. Town of PaullinaSupreme Court of Iowa · 1886
- Parrott v. WilsonSupreme Court of Georgia · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Riley v. GarrettSupreme Court of Georgia · 1963
- Robertson v. SmithCourt of Appeals of Georgia · 1913
- Tollison v. GeorgeSupreme Court of Georgia · 1922
- Michael v. BaconCourt of Appeals of Georgia · 1908
- McCain v. SmithSupreme Court of Georgia · 1965
2 more not listed; retrieve them via the Exa API.