Carty v. State
Court of Appeals of Georgia
Indictment for larceny after trust; from Lowndes superior court — Judge Humphries presiding. February 14, 1920. The defendant demurred to the indictment on the ground that there was a misjoinder of counts, the second and fourth counts charging simple larceny, a misdemeanor, and the other counts charging a felony.
1Per curiam
1. A nolle prosequi as to some of the counts in the indictment works no acquittal, but leaves the prosecution just as though such counts had never been inserted in the indictment. Dealy v. United States, 152 U. S. 539 (1) (38 L. ed. 545) ; Martin v. State, 10 Ga. App. 795 (1) (74 S. E. 304), and authorities cited. See also 20 Standard Enc. Proced. 655(1). Under this ruling the court did not err in permitting counts 2 and 4 of the indictment to be quashed.
2. After counts 2 and 4, which charged simple larceny, were quashed, the remaining counts of the indictment were not subject to the demurrer…
2Cases cited3 opinions
- Dealy v. United StatesSupreme Court of the United States · 1894
- Martin v. StateCourt of Appeals of Georgia · 1912
- White v. StateCourt of Appeals of Georgia · 1917
3Cited by3 opinions
- Perry v. StateCourt of Appeals of Georgia · 1968
- Davis v. StateCourt of Appeals of Georgia · 1970
- Pinson v. StateCourt of Appeals of Georgia · 1952