Mcdonald v. State
| Court | Georgia Supreme Court |
| Writing for the Court | BECK |
| Citation | Mcdonald v. State, 126 Ga. 536, 55 S.E. 235 (Ga. 1906) |
| Decision Date | 17 August 1906 |
| Parties | Mcdonald . v. state. |
A motion to set aside the judgment is not the appropriate remedy in a criminal case, if the indictment is void. The judgment may be arrested upon motion made during the term at which the verdict is rendered, or the prisoner may be discharged upon writ of habeas corpus at any time thereafter, if no question as to the validity of the indictment was adjudicated at the trial. Griffin v. Eaves, 39 S. E. 913. 114 Ga. 65. See, also, Moore v. Wheeler, 35 S. E. 116. 109 Ga. 62; Duren v. Stephens, 54 S. E. 1045.
[Ed. Note.—For cases in point, see vol. 15, Cent. Dig. Criminal Law, § 2549.]
In the case of Regopoulas v. State, 42 s. E. 1014, 116 Ga. 596, no question was made as to the remedy by motion to set aside being appropriate.
(Syllabus by the Court.)
Error from Superior Court, Henry County; e. J. Reagan, Judge.
C. D. McDonald was convicted of a crime, and brings error. 'Affirmed.
Geo. W. Bryan, for plaintiff in error.
O. H. B. Bloodworth, Sol. Gen., and W. P. Bloodworth, for the State.
BECK, J. Judgment affirmed. All the Justices concur, except FISH, C. J., absent.
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11 cases
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Harper v. State
...(1934); Gravitt v. State, 165 Ga. 779(3), 142 S.E. 100 (1928); Hughes v. State, 159 Ga. 818(5), 127 S.E. 109 (1925); McDonald v. State, 126 Ga. 536, 55 S.E. 235 (1906). In order to challenge a conviction after it had been affirmed on direct appeal, criminal defendants were required to file ......
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Moore v. State, 43086
...nolo contendere was coerced, his remedy is by writ of habeas corpus. See Southern Express Co. v. Lynch, 65 Ga. 240, 245; McDonald v. State, 126 Ga. 536, 55 S.E. 235; Grammer v. Balkcom, 214 Ga. 691(2), 107 S.E.2d 213; Riley v. State, 107 Ga.App. 639(2, 3), 131 S.E.2d 124; Pope v. State, 116......
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Bishop v. State, 43170
...in a criminal case (Waits v. State, 204 Ga. 295(1), 49 S.E.2d 492; Roseberry v. State, 81 Ga.App. 790, 60 S.E.2d 187; McDonald v. State, 126 Ga. 536, 55 S.E. 235; Riley v. State, 107 Ga.App. 639(3), 131 S.E.2d 2. Any matter which could have been complained of in the original motion for new ......
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Gravitt v. State, (No. 5937.)
...a motion in arrest of judgment, and was not filed during the term at which the judgment complained of was rendered. 3. In McDonald v. State, 126 Ga. 530, 55 S. E. 235, it was said: "A motion to set aside the judgment is not the appropriate remedy in a criminal case if the indictment is void......
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1 books & journal articles
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"garbage In, Garbage Out": the Litigation Implosion Over the Unconstitutional Organization and Jurisdiction of the City Court of Atlanta - Edward C. Brewer Iii
...See O.C.G.A. Sec. 17-9-60 to -63 (1997); see also Georgia Appellate Practice, supra note 190, Sec. 5-4, at 181-82; cf. McDonald v. State, 126 Ga. 536, 55 S.E. 235 (1906) (stating motion in arrest of judgment not proper when indictment was void). A motion for new trial and a motion to set as......
