Forrester v. State
Supreme Court of Georgia
Indictment in Fulton Superior Court. Motion in Arrest of Judgment. Decided by Judge Bigi-iam. January Adjourned Term 1864. This writ of error was made returnable to the last term of the Supreme Court at Atlanta, but, by consent of counsel, it was heard at Milledgeville.
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Indictment in Fulton Superior Court. Motion in Arrest of Judgment. Decided by Judge Bigi-iam. January Adjourned Term 1864. This writ of error was made returnable to the last term of the Supreme Court at Atlanta, but, by consent of counsel, it was heard at Milledgeville. The plaintiff in error, being arraigned upon an indictment charging him with the offence of larceny from the house, pleaded guilty, and then moved in arrest of judgment, on the ground, that the bill of indictment did not show that it was found true by a grand jury of Fulton county. The usual entry of “ true bill, ” signed by…
1Opinion of the CourtLumpkin, C. J.
This objection, if good at all, which we by no means admit, comes too late. It ought to be taken advantage, of by demurrer, and before the defendant pleads to the merits.— See Code of Georgia. And after the plea of guilty is filed, judgment will not be arrested because a blank left in the indictment for the name of the county for which the grand jurors were sworn, has not been filled. The motion was properly overruled. 9. Geo. R. 58; 24 Geo. R. 38; 25. Geo. R. 515.
Judgment Affirmed.
2Cited by3 opinions
- Williams v. StateSupreme Court of Georgia · 1899
- Willerson v. StateCourt of Appeals of Georgia · 1914
- Lambfrt v. StateCourt of Appeals of Georgia · 1912