Irwin v. State
| Citation | 45 S.E. 48,117 Ga. 706 |
| Parties | IRWIN. v. STATE. |
| Decision Date | 25 June 1903 |
| Court | Georgia Supreme Court |
CRIMINAL LAW—PLEA IN ABATEMENT—OTHER INDICTMENTS.
1. In a criminal proceeding, the pendency of a former indictment for the same offense is no ground for a plea in abatement or in bar, although the accused may have been arraigned thereon and have filed a plea. Doyal v. State, 70 Ga. 134; Clark's Crim. Proe. 115. 377, 407, and cases cited; Archb. Crim. Pr. & Pr. 336; Case of Swan & Jefferies, Foster's Crown L 105. Where several indictments for the same offense are pending against the same person, it is immaterial upon which he is first tried. Whenever he has been acquitted or convicted upon any one of them, he can plead such acquittal or conviction in bar of a prosecution of any of the others.
1. See Indictment and Information, vol. 27. Cent. Dig. § 83.
(Syllabus by the Court.)
Error from Superior Court, Fulton County; L. S. Roan, Judge.
Jim Irwin was convicted of crime, and brings error. Affirmed.
S. C. Crane, for plaintiff in error.
C. D. Hill, for the State.
SIMMONS, C. J. Judgment affirmed. All the Justices concur.
To continue reading
Request your trial
-
Sheppard v. State
...several months before and we see no error in the court's ruling that the defendant had to go on trial without delay. Irwin v. State, 117 Ga. 706, 45 S.E. 48; v. State, 11 Ga.App. 137 (2), 140, 74 S.E. 895. Special grounds 2 to 12, inclusive, all bear upon the proposition that the court erre......
-
Sheppard v. State
...several months before and we see no error in the court's ruling that the defendant had to go on trial without delay. Irwin v. State, 117 Ga. 706, 45 S. E. 48; Harris v. State, 11 Ga. App. 137 (2), 140, 74 S. E. 895. Special grounds 2 to 12, inclusive, all bear upon the proposition that the ......
-
Massey v. State
...adversely to the defendant's contentions in Pride v. State, 125 Ga. 750, 54 S.E. 688. In the Pride case, after citing Irwin v. State, 117 Ga. 706, 45 S.E. 48, it was held: 'The rulings quoted virtually control the case at bar. It is true that in Irwin's Case the record discloses that the ca......
-
Geckles v. State
...convicted upon any one of them, he can plead such acquittal or conviction in bar of a prosecution of any of the others." Irwin v. State, 117 Ga. 706, 45 S.E. 48 (1903). See also State v. Hooper, 132 Ga.App. 413, 415, 208 S.E.2d 161 (1974). Neither OCGA § 16-1-7 nor the holding in McCannon v......