Banks v. State

Court of Appeals of Georgia

Banks v. State

102 S.E. 843, 25 Ga. App. 169, 1920 Ga. App. LEXIS 664

CourtCourt of Appeals of Georgia

DecidedApril 13, 1920

Docket10706

StatusPublished

This text of 102 S.E. 843 (Banks v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Banks v. State, 102 S.E. 843, 25 Ga. App. 169, 1920 Ga. App. LEXIS 664 (Ga. Ct. App. 1920).

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Opinion

Luke, J.

Certain questions of law involved in this case were certified to the Supreme Court, and the preceding headnotes embody the substance of that court’s answers. See the full opinion of* the Supreme Court, 150 Ga. 73 (102 S. E. 519). The court having erroneously stricken the defendant’s special plea in bar, the further proceedings in the ease were nugatory, and a new trial is required. If the defendant on the next trial sustains by [170]*170proof the material allegations of his plea in bar, he will be entitled to an acquittal.

Judgment reversed.

Broyles, C. J., and Bloodworth, J., concur.

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Luke, J.

Certain questions of law involved in this case were certified to the Supreme Court, and the preceding headnotes embody the substance of that court’s answers. See the full opinion of* the Supreme Court, 150 Ga. 73 (102 S. E. 519). The court having erroneously stricken the defendant’s special plea in bar, the further proceedings in the ease were nugatory, and a new trial is required. If the defendant on the next trial sustains by [170]*170proof the material allegations of his plea in bar, he will be entitled to an acquittal.

Judgment reversed.

Broyles, C. J., and Bloodworth, J., concur.

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Bluebook (online)

102 S.E. 843, 25 Ga. App. 169, 1920 Ga. App. LEXIS 664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/banks-v-state-gactapp-1920.

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