Chastain v. State

Court of Appeals of Georgia

Chastain v. State

60 S.E. 112, 3 Ga. App. 448, 1908 Ga. App. LEXIS 177

CourtCourt of Appeals of Georgia

DecidedJanuary 27, 1908

Docket888

StatusPublished

This text of 60 S.E. 112 (Chastain 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

Chastain v. State, 60 S.E. 112, 3 Ga. App. 448, 1908 Ga. App. LEXIS 177 (Ga. Ct. App. 1908).

Pincite

Opinion

Powell, J.

1. Where the contents of a criminal warrant áre material, the-warrant itself is the highest evidence thereof. Where, however, the defendant is charged with assaulting an officer who was attempting to arrest him, and the witnesses for the State, without objection, testify, and the defendant, in his statement, admits that the officer had a warrant, and no question as to its sufficiency or legality is made upon the trial, this is sufficient to authorize an instruction by the court to the jury based upon the theory that the officer was attempting to make the-arrest under a warrant.

2. The evidence authorized the conviction. Judgment affirmed.

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Powell, J.

1. Where the contents of a criminal warrant áre material, the-warrant itself is the highest evidence thereof. Where, however, the defendant is charged with assaulting an officer who was attempting to arrest him, and the witnesses for the State, without objection, testify, and the defendant, in his statement, admits that the officer had a warrant, and no question as to its sufficiency or legality is made upon the trial, this is sufficient to authorize an instruction by the court to the jury based upon the theory that the officer was attempting to make the-arrest under a warrant.

2. The evidence authorized the conviction. Judgment affirmed.

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Bluebook (online)

60 S.E. 112, 3 Ga. App. 448, 1908 Ga. App. LEXIS 177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chastain-v-state-gactapp-1908.