Legal Opinion

Dickson v. State

Supreme Court of Georgia

Decided February 15, 1879PublishedCited by 23 opinions

Criminal law. County Courts. Affidavit and warrant. Indictment. New trial. Certiorari. Before Judge Pottle. Hancock County. At Chambers. November 16, 1878. Preston and Irwin Dickson presented their petition for certiorari making, in substance, the following case : On October 29, 1878, they were arraigned before the county court of Hancock county, on the charge of simple larceny.

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Criminal law. County Courts. Affidavit and warrant. Indictment. New trial. Certiorari. Before Judge Pottle. Hancock County. At Chambers. November 16, 1878. Preston and Irwin Dickson presented their petition for certiorari making, in substance, the following case : On October 29, 1878, they were arraigned before the county court of Hancock county, on the charge of simple larceny. The affidavit upon which the warrant was based, was made by T. J. Warthen before the county judge, and simply alleged that “ to the best of deponent’s knowledge and belief, Sarah Dickson, Preston Dickson and Irwin…

1Opinion of the Court

Bleckley, Justice.

1. With the accused female we are not at present concerned. ' She demanded indictment by a grand jury, and her case stood over. The two males went to trial before the county judge, on an accusation framed by him under section 299 of the Code. In the midst of the trial, a motion was made to quash the accusation and the warrant; and after the finding of guilty', a motion was made in arrest of judgment. The grounds of these two motions were the same. One of the grounds was, that neither the affidavit nor warrant set forth the ownership of the property alleged to have been…

2Cited by23 opinions

  1. Brown v. StateSupreme Court of Georgia · 1900
  2. Andrew Nicholson, and Richard Reed Criswell v. United StatesCourt of Appeals for the Fifth Circuit · 1966
  3. Williams v. StateSupreme Court of Georgia · 1899
  4. Rowles v. StateCourt of Appeals of Georgia · 1977
  5. Shuler v. StateSupreme Court of Georgia · 1906

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