Tarver v. State
Supreme Court of Georgia
Indictment for burglary. Before Judge Jenkins. Jones superior court. October term, 1894. Robert Tarver was convicted of burglary, and excepted to the refusal of a new trial. The indictment charges, that on- May 9,1894, he did break and enter a certain outhouse, to wit a harness-house, the same being contiguous to and in the curtilage of the dwelling-house of George II.
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Indictment for burglary. Before Judge Jenkins. Jones superior court. October term, 1894. Robert Tarver was convicted of burglary, and excepted to the refusal of a new trial. The indictment charges, that on- May 9,1894, he did break and enter a certain outhouse, to wit a harness-house, the same being contiguous to and in the curtilage of the dwelling-house of George II. Lowe in Jones county, with intent to commit a larceny, and did then and there steal and carry away a set of buggy-harness, two bridles, a saddle and a saddle-blanket, of the personal goods of said George H. Lowe, in said house…
1Opinion of the Court
Lumpkin, Justice.
1. The object of arraigning a prisoner is to give him an opportunity to plead to the indictment. If he waives arraignment, there is no further occasion to call upon him to plead; and certainly where, after the arraignment has been waived, the solicitor-general enters upon the indictment a plea of'not guilty, no possible harm is done to the accused, and the issue between him and the State is duly made up. The point raised by the accused in this case, with which we have thus summarily dealt, is absolutely without merit.
2. In arriving at a conclusion in a criminal case, it is…
2Cited by23 opinions
- United States v. Yonkers Board of EducationDistrict Court, S.D. New York · 1985
- Jones v. StateSupreme Court of Georgia · 1898
- State v. WaltonOregon Supreme Court · 1907
- Brown v. StateCourt of Appeals of Georgia · 1974
- Kinman v. ClarkSupreme Court of Georgia · 1938
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