Christmas v. State
Supreme Court of Georgia
Criminal law. Before Judge Harris. Dooly Superior Court. March Term, 1874. Counsel for Christmas proposed to take the following order: “ The State vs. Nathan Christmas. “ September Term, ISIS. Indictment for assault with intent to rape, and no bill by the grand jury. “ The State vs. Nathan Christmas. “ Indictment for assault and battery, March Term, lSfá, and no Mil.
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Criminal law. Before Judge Harris. Dooly Superior Court. March Term, 1874. Counsel for Christmas proposed to take the following order: “ The State vs. Nathan Christmas. “ September Term, ISIS. Indictment for assault with intent to rape, and no bill by the grand jury. “ The State vs. Nathan Christmas. “ Indictment for assault and battery, March Term, lSfá, and no Mil. “It appearing to the court that- the above bills charge the defendant in the same transaction, and on the same day, with the same offense in law, and that two successive grand juries have ignored the respective bills, it is…
1Opinion of the Court
McCay, Judge.
Under the facts stated in the judge’s certificate, ¿to-wit: that on this application being made, the solicitor general replied that he was about to present another bill, and that he expected to prove the two “no bills” had been procured by the fraud of the defendant, we think it was eminently proper in the judge to refuse the order asked for. But we do not think the order was a proper one had there been no such statement by the solicitor general. The Code does not contemplate that two “no bills” shall entitle the person charged to a judgment of acquittal, or to a discharge from…
2Cited by1 opinion
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