Reinhart v. State
Supreme Court of Georgia
Indictment for furnishing a slave with spirituous liquors, and motion in arrest of judgment, and for new trial. In Laurens Superior Court, before Judge Hansele, at October Term, 1859. At the October Term, 1857, of Laurens Superior Court, four presentments were made by the grand jury, against James M. Reinhart, the plaintiff in error, all for furnishing spirituous liquors to a slave.
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Indictment for furnishing a slave with spirituous liquors, and motion in arrest of judgment, and for new trial. In Laurens Superior Court, before Judge Hansele, at October Term, 1859. At the October Term, 1857, of Laurens Superior Court, four presentments were made by the grand jury, against James M. Reinhart, the plaintiff in error, all for furnishing spirituous liquors to a slave. At the April adjourned Term? 1859, the defendant was put upon trial on one of said presentments 3 he waived formal arraignment, and plead not guilty. Before going into trial, his counsel inquired of the Solicitor…
1Opinion of the Court
— Stephens J.
By the Court.
delivering the opinion.
[1. & 2.] The motion in arrest of judgment in this ease, is-founded on the allegation, that the defendant was not tried upon an original indictment found by the grand jury, nor upon a legally established copy. The record discloses that the indictment was expressly waived by the defendant, and the presentment put in its stead. The allegation then is' answered by this waiver, unless it he understood as an allegation that the paper on which he was tried, was net an original presentment nor a legally established copy. Construing the allegation in…
2Cited by5 opinions
- Smith v. CuylerSupreme Court of Georgia · 1887
- Pippin v. StateSupreme Court of Georgia · 1931
- Wofford v. VandiverCourt of Appeals of Georgia · 1945
- Gill v. StateSupreme Court of Georgia · 1891
- Seals v. StateSupreme Court of Georgia · 1899