Tippins v. State
Supreme Court of Georgia
Indictment for Larceny in Columbia Superior Court, and motion for new trial. Decided by Judge Holt at Chambers, January 2nd, 1854. Eldridge A. Tippins was placed upon trial under an indictment for the Larceny of a bale of cotton in the County of Collornbia.
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Indictment for Larceny in Columbia Superior Court, and motion for new trial. Decided by Judge Holt at Chambers, January 2nd, 1854. Eldridge A. Tippins was placed upon trial under an indictment for the Larceny of a bale of cotton in the County of Collornbia. He pleaded “ autrefois acquit,” and in support thereof, introduced the exemplification of the record of an indictment and trial in Bichmond County, for the larceny of the same bale of cotton : on which trial, he was found “ not guilty.” The presiding Judge held the former acquittal in Richmond County, no bar to,the indictment in Columbia…
1Opinion of the Court
By the Court.
Benning J.,
delivering the opinion.
(1.) The question is whether the Court below erred in holding ' that an acquittal for simple larceny in one county, is not a bar to a prosecution for the same larceny, in another county.
In 1784, Georgia adopted as much of “The common laws of England” as was not contrary to the Constitution, Laws and form of Government, then established in the State. (Pr. Dig. 570.)
According to the Common Law, all offences are “to be inquired into as Ayell as tried in the county in which the fact” is committed. (4 Black Com. 305. 2 East Cr. Law 771,2. Bus. on…
2Cited by8 opinions
- Archer v. StateIndiana Supreme Court · 1886
- Gee v. StateCourt of Appeals of Georgia · 1964
- Dean v. StateCourt of Appeals of Georgia · 1911
- Royster v. StateCourt of Appeals of Georgia · 1963
- Sanders v. StateCourt of Appeals of Georgia · 1942
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