Sweeney v. State
Supreme Court of Georgia
Misdemeanor, in Bibb Superior Court. Tried before Judge 'Powers. At the May Term, 1853, of Bibb Superior Court, the Grand •Jury returned a special presentment against Fardy Sweeney, for a misdemeanor.
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Misdemeanor, in Bibb Superior Court. Tried before Judge 'Powers. At the May Term, 1853, of Bibb Superior Court, the Grand •Jury returned a special presentment against Fardy Sweeney, for a misdemeanor. The presentment charged, “ that on the 8th day of May, 1853, in said County of Bibb, the said defendant did then' and there unlawfully sell to and furnish a certain man slave, whose name and owner are unknown to the Jurors aforesaid, with spirituous liquors for his the said man slave’s own use, the said Pardy Sweeny not being then and there, the owner, overseer or employer of said slave, and not…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
[1.] The objection to this indictment was, that it was void, for uncertainty. It was insisted that unless the indictment had stated the name of the negro and the name of his owner, the judgment would not serve as a bar to another indictment for the same offence.
But in all pleas of former acquittal or former conviction, the proof of the plea has to consist partly of matter of record and partly of matter not of record. And the identity of the two *469cases is the part of the plea which it is the peculiar business ef the evidence which is not of record…
2Cited by6 opinions
- Harris v. StateSupreme Court of Georgia · 1941
- Dohme v. StateSupreme Court of Georgia · 1882
- Carter v. StateSupreme Court of Georgia · 1882
- Harris v. StateCourt of Appeals of Georgia · 1931
- Howard v. StateSupreme Court of Georgia · 1954
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