Turner v. State

• Decision Date: 08 June 1892
• Citation: 15 S.E. 488,89 Ga. 424
• Parties: TURNER v. STATE.
• Court: Georgia Supreme Court

15 S.E. 488

89 Ga. 424

TURNER v. STATE.

Supreme Court of Georgia

June 8, 1892

Syllabus by the Court.

Where the bill of indictment was found at the May term, 1891, of the superior court, evidence which proves the commission of the offense on some day in 1891, not fixed or described, so that the jury could ascertain whether it was before or after the finding of the bill of indictment, is not sufficient to warrant a verdict of guilty. The evidence being in this condition, there was cause for a writ of certiorari, and the court erred in refusing to sanction the petition. Chambers v. State, 11 S.E. 653, 85 Ga. 220; Patton v. State, 6 S.E. 273, 80 Ga. 714 (2.)

Error from superior court, Sumter county; W. H. FISH, Judge.

Indictment against Amos Turner. On a conviction he brings error. Judgment reversed.

Hinton & Cutts, for plaintiff in error.

C. B. Hudson, Sol. Gen., for the State.

PER CURIAM.

Judgment reversed.