Sutton v. State
Supreme Court of Georgia
Indictment for kidnapping. Before Judge Spence. Decatur superior court. January 5, 3 905. O. N. Sutton was indicted in the superior court of Decatur county for the offense of lddnapping.
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Indictment for kidnapping. Before Judge Spence. Decatur superior court. January 5, 3 905. O. N. Sutton was indicted in the superior court of Decatur county for the offense of lddnapping. The indictment contained two counts, the first based on the Penal Code, § 109, and charging that the accused, on a given date, in Decatur county, without lawful authority or warrant, abducted and stole away one Alice Philliaw, alias Alice Skelton, from said county, and sent and conveyed her beyond the limits of said county into Baker county, this State, against her will. The second count was based on the…
1Opinion of the CourtEish, P. J.
(After stating the facts.) 1. The first count in the indictment was good, and the court properly overruled the demurrer aimed at the whole indictment. At common law kidnapping is “ the forcible abduction and carrying away of a man> woman, or child from their own country and sending them to another.” 4 Bl. Com. 259. Section 109 of the Penal Code is but a statutory modification of the common-law definition of kidnapping. That section declares: “ Every person who forcibly abducts or steals away any person, without lawful authority, or warrant, from this State or any county thereof, and sends or…
2Cases cited4 opinions
- Avirett v. StateCourt of Appeals of Maryland · 1893
- McMurtry v. StateCourt of Criminal Appeals of Texas · 1898
- People v. TurnerCalifornia Supreme Court · 1896
- Gravett v. StateSupreme Court of Georgia · 1884
3Cited by16 opinions
- Aikerson v. StateMississippi Supreme Court · 1973
- State v. MurphySupreme Court of North Carolina · 1971
- Collier v. VaccaroCourt of Appeals for the Fourth Circuit · 1931
- Cone v. StateSupreme Court of Georgia · 1937
- Martin v. StateCourt of Appeals of Georgia · 1912
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