Fisher v. State

• Citation: 20 S.E. 329,93 Ga. 309
• Parties: FISHER et al. v. STATE.
• Decision Date: 27 January 1894
• Court: Supreme Court of Georgia

20 S.E. 329

93 Ga. 309

FISHER et al. v. STATE.

Supreme Court of Georgia

January 27, 1894

Syllabus by the Court.

1. There was no error in sustaining a demurrer to a plea in abatement to an indictment charging the accused with breaking and entering a railroad car of a named railroad company, and stealing therefrom certain property of that company, the plea alleging that one of the grand jurors who found the indictment was an agent of the company, and that, although the name of a natural person not connected with the company appeared as prosecutor on the indictment, the company was the real prosecutor; it also appearing that the accused had had a commitment trial, and had been bound over to answer the charge set forth in the indictment, and thus had warning to challenge the juror before the bill was found. Lascelles v. State. 16 S.E. 945, 90 Ga. 347.

2. Where error is assigned upon the court's allowing certain questions to be asked witnesses on the stand, and it does not appear what, if any, objections were made at the trial to the questions, nothing for review by this court is presented.

3. There was no error in refusing to suspend the trial in order to give counsel for the accused time to obtain certain receipts; it not appearing that these receipts were pertinent or material to the issue on trial, and counsel for the accused having announced ready without having them in his possession.

4. The evidence as to the sealing of the car being in general terms that the witness sealed it, without disclosing expressly whether both doors were sealed, or only one, and one door being found sealed when the car reached its destination, and the other not examined, the evidence as to the breaking of the car was incomplete, and for that reason alone the verdict was unwarranted.

Error from superior court, Morgan county; W. F. Jenkins, Judge.

U. C. Fisher and others were convicted of breaking and entering a railway car and stealing goods therefrom, and bring error. Reversed.

Calvin George, J. B. Park, Jr., J. H. Holland, and Harrison & Peeples, for plaintiff in error.

H. G. Lewis, Sol. Gen., and Hines, Shubrick & Felder, for the State.

PER CURIAM.

Judgment reversed.