Banks v. State

Court of Appeals of Georgia

Banks v. State

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

Court of Appeals of Georgia·Decided April 13, 1920·No. 10706·Published

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] proof the material allegations of his plea in bar, he will be entitled to an acquittal.

Judgment reversed.

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

Free access — add to your briefcase to read the full text and ask questions with AI

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] proof the material allegations of his plea in bar, he will be entitled to an acquittal.

Judgment reversed.

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

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

Pincite

102 S.E. 843 (Banks v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related