Fortson v. State
| Decision Date | 28 October 1913 |
| Docket Number | (No. 5,189.) |
| Citation | 79 S.E. 746,13 Ga. App. 681 |
| Parties | FORTSON. v. STATE. |
| Court | Georgia Court of Appeals |
(Syllabus by the Court.)
A nolle prosequi may, without the consent of the accused, be entered at any time before the case has been submitted to the jury. Pen. Code. S 982. A case is not submitted to a jury, within the meaning of this section, until after the jury have been impaneled and sworn in the cause. Newson v. State, 2 Ga. 60; Franklin v. State, 85 Ga. 570, 11 S. E. 876; Nolan v. State, 55 Ga. 521, 21 Am. Rep. 281.
[Ed. Note.—For other cases, see Criminal Law, Cent. Dig. §§ 326-329; Dec. Dig. § 178.*
For other definitions, see Words and Phrases, vol. 7, pp. 6719, 6720.]
It appearing, from the allegations of the special plea in bar in the present case, that although the jury had been stricken and had taken their seats in the jury box, they had not been sworn, the plea was properly stricken on motion. Whether jeopardy begins immediately after the jury are sworn is not decided. The evidence authorized the verdict, and there was no error in overruling the motion for a new trial, which was based solely upon the ground that the verdict was contrary to the law and the evidence.
[Ed. Note.—For other cases, see Criminal Law, Cent. Dig. §§ 326-329; Dec. Dig. § 178.*] Error from City Court of Elberton; Geo. C. Grogan, Judge.
Joe Fortson was convicted of crime, and brings error. Affirmed.
Pulliam Proffitt, of Elberton, for plaintiff in error.
Boozer Payne, Sol., and R. J. Ward, both of Elberton, for the State.
POTTLE, J. Judgment affirmed.
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Hubbard v. State
...McIntyre v. State, 189 Ga.App. 764, 377 S.E.2d 532 (1989); Newman v. State, 166 Ga.App. 609, 305 S.E.2d 123 (1983); Fortson v. State, 13 Ga.App. 681, 79 S.E. 746 (1913). It cannot be determined from the record before this court what occurred at the time the nolle prosequi was entered on ind......