Chance v. State
Court of Appeals of Georgia
Accusation of misdemeanor; from city court of Carrollton — Judge Hood. May 13, 1921. The bill of exceptions in this case states that “the defendant was tried and convicted on June 14th, 1920, and sentenced to pay a fine of three hundred dollars or serve six months in the county chain-gang. Motion for new trial was filed, which was dismissed for failure of defendant to file a brief of evidence.
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Accusation of misdemeanor; from city court of Carrollton — Judge Hood. May 13, 1921. The bill of exceptions in this case states that “the defendant was tried and convicted on June 14th, 1920, and sentenced to pay a fine of three hundred dollars or serve six months in the county chain-gang. Motion for new trial was filed, which was dismissed for failure of defendant to file a brief of evidence. The defendant then filed an extraordinary motion for new trial, which was also dismissed for the reason that defendant had failed to file a brief of evidence. Defendant then filed a motion or presented…
1Opinion of the CourtBloodworth, J.
(After stating the foregoing facts.) In Spence v. State, 7 Ga. App. 826 (68 S. E. 444), Chief Judge Hill said: “A motion in arrest of judgment will reach any defect apparent on the face of the record, not cured by the verdict, to which a general demurrer could have been successfully interposed before arraignment. It is also proper procedure where the verdict is for some offense not covered by the charge made in the indictment. As used in this connection, the expression *308‘the face of the record ’ means, in a criminal case, the indictment 'and the verdict; a defect on the face of the record…
2Cases cited8 opinions
- Regopoulas v. StateSupreme Court of Georgia · 1902
- Spence v. StateCourt of Appeals of Georgia · 1910
- Southern Railway Co. v. ReevesSupreme Court of Georgia · 1902
- Dugan v. McGlannSupreme Court of Georgia · 1878
- Artope v. BarkerSupreme Court of Georgia · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bowen v. StateCourt of Appeals of Georgia · 1977
- Bowen v. StateCourt of Appeals of Georgia · 1977
- Morrow v. ReddingCourt of Appeals of Georgia · 1921