Jones v. Murray, 24185
| Citation | 223 Ga. 519,156 S.E.2d 360 |
| Decision Date | 14 July 1967 |
| Docket Number | No. 24185,24185 |
| Parties | Albert J. C. JONES v. Bill MURRAY et al. |
| Court | Supreme Court of Georgia |
Johnson & Brown, H. E. Brown, Jonesboro, for appellant.
Albert P. Wallace, Sol. Gen., Wallace, Wallace & Driebe, Jonesboro, for appellees.
Syllabus Opinion by the Court
It is lawful for the grand jury to return any number of indictments for the same offense although the accused can be lawfully tried under only one of them. Doyal v. State, 70 Ga. 134; Irwin v. State, 117 Ga. 706, 45 S.E. 48; Pride v. State, 125 Ga. 750, 54 S.E. 688; Sims v. State, 221 Ga. 190, 144 S.E.2d 103. Applying the above rule of law to this habeas corpus case where the sole alleged ground of illegal detention was that the applicant was charged in one accusation and two indictments with the same offense, and was sentenced under one indictment, the other two being dismissed, we find no error in the judgment remanding him to the custody of the Sheriff.
Judgment affirmed.
All the Justices concur.
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...See OCGA § 17-8-3; Bowens v. State, 157 Ga.App. 334, 277 S.E.2d 326; State v. Eubanks, 239 Ga. 483, 490, 238 S.E.2d 38; Jones v. Murray, 223 Ga. 519, 156 S.E.2d 360; see generally: Daniel, Ga.Criminal Trial Practice (2d ed.) 267, § 13-15; 15 EGL 134, Indictments & Accusations § 14; 41 AmJur......
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