Legal Opinion

McDonald v. State

Supreme Court of Georgia

Decided August 17, 1906PublishedCited by 24 opinions

Motion to set aside judgment. Before Judge Beagan. Henry superior court. April 18, 1906.

1Opinion of the CourtBeck, J.

1. A motion to set aside the judgment is not the appropriate

remedy in a criminal case if the indictment is void. The judgment may be arrested upon motion made during the term at which the verdict is rendered, or the prisoner may be discharged upon a writ of habeas corpus at any time thereafter, if no question as to the validity of the indictment was adjudicated at the trial. Griffin v. Eaves, 114 Ga. 65. See also Moore v. Wheeler, 109 Ga. 62; Duren v. Stephens, ante, 496.

2. In the case of Regopoulas v. State, 116 Ga. 596, no question was made as to the remedy by motion to set aside being…

2Cases cited3 opinions

  1. Regopoulas v. StateSupreme Court of Georgia · 1902
  2. Griffin v. EavesSupreme Court of Georgia · 1901
  3. Moore v. WheelerSupreme Court of Georgia · 1900

3Cited by24 opinions

  1. Harper v. StateSupreme Court of Georgia · 2009
  2. Riley v. GarrettSupreme Court of Georgia · 1963
  3. Waits v. StateSupreme Court of Georgia · 1948
  4. Bishop v. StateCourt of Appeals of Georgia · 1968
  5. Claughton v. StateSupreme Court of Georgia · 1934

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