Jordan v. The State Of Ga.
| Decision Date | 30 June 1869 |
| Citation | 38 Ga. 585 |
| Parties | ANDREW JORDAN, plaintiff in error. v. THE STATE OF GEORGIA, defendant in error. |
| Court | Georgia Supreme Court |
Burglary. Motion for new trial. Before Judge Worrill. Muscogee Superior Court. November Term, 1868.
The indictment charged Jordan with having broken into the store-house of Clements & Tilman, during the night of the 10th of September, 1868, with intent to steal therefrom the goods therein kept. He was arraigned for trial in December, 1868. Jordan's counsel moved to quash the indictment upon the grounds that by the Act of the 5th of October, 1868, "the law of burglaryin the night had been changed." The position was, that he could not be tried under the law of force on the 10th of September, 1868, because it was repealed, and could not be tried under the new law because it, as to this case, was ex post facto. The Court overruled the motion.
The evidence showed, that during the night of the 10th of October, 1868, said store-house was broken open by prizing open the cellar door and then prizing up planks nailed over an opening in the floor; that some hams, bacon, sugar and sacks were taken from it.
The evidence to fix it upon Jordan was as follows: Light tracks of an hand-cart approaching the store and heavier tracks of it going from the store were found. The tracks were traced to the house of one Swift, who owned such a cart. There information was had that Jordan, on the night before, about three o'clock, came and borrowed the cart, saying he wished to carry home one who had been shot. The tracks were then traced to Jordan's house and the cart was found behind the smoke-house, with salt and grease on *it, and in Jordan's rooms, and in another, of which Jordan's wife had the key, said articles were found concealed, and had the names and marks of Clements & Tillman on them. It was shown that four or five persons came there a few hours before day, on said night, with said cart, and that the person shot was shot about midnight and carried off in an express wagon.
The jury found Jordan guilty, recommending that he be imprisoned in the penitentiary for life, at hard labor. His counsel moved for a new trial upon the grounds, that the Court erred in refusing to quash the indictment, and because the verdict was contrary to the evidence. The refusal of a new trial is assigned as error on said grounds.
Ramsey & Ramsey, Williams & Thornton, for plaintiff in error.
Carey J. Thornton, Solicitor General for the State, cited Irwin's Code, sec. 4570; Gibson v. The State, 35 Ga. R., 224; Brown v. The State, Ib., 232.
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Robinson v. State, s. 72265
...recognizing the date of the offense as determinative of what law controlled, that being the law on the date of the offense. Jordan v. State, 38 Ga. 585, 586(1) (1869), Patton v. State, 80 Ga. 714, 6 S.E. 273 (1888), and Barton v. State, 81 Ga.App. 810, 813(3), 60 S.E.2d 173 (1950) are In 19......
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Heath v. The State
... ... the repealing act expressly so provide, would be sufficient ... to uphold this prosecution. State v ... Hardman (1896), 16 Ind.App. 357, 45 N.E. 345; ... Commonwealth v. Duff (1888), 87 Ky. 586, 9 ... S.W. 816; People v. McNulty (1892), 93 Cal ... 427, 26 P. 597, 29 P. 61; Jordan v. State ... (1869), 38 Ga. 585. [173 Ind. 299] It follows that the ... motions to quash and in arrest of judgment were rightly ... overruled ... Appellant ... pleaded not guilty to the charge, and the trial proceeded ... until all the evidence in behalf of the State had ... ...
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Barton v. State, 33116
...those offenses committed when and after such legislation becomes effective. See Meyers v. Whittle, 171 Ga. 509(4), 156 S.E. 120; Jordan v. State, 38 Ga. 585(1); Reynolds v. State, 181 Ga. 547(3), 182 S.E. 917; Pennington v. Moore, 179 Ga. 889, 177 S.E. 705; Draper v. State, 6 Ga.App. 12, 64......
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In re Application of Faltin
...are authorities directly to the point. People v. Quinn, 18 Cal. 122; United States v. Barr, 4 Saw. 254 (Fed. Cas. No. 14,527); Jordan v. State, 38 Ga. 585; Volmer v. State, 34 Ark. Acree v. Commonwealth, 13 Bush (Ky.), 353; State v. Shaffer, 21 Iowa 486; State v. Ross, 49 Mo. 416.' More rec......