Collier v. State

Court of Appeals of Georgia

Collier v. State

69 S.E. 29, 8 Ga. App. 371, 1910 Ga. App. LEXIS 163

CourtCourt of Appeals of Georgia

DecidedOctober 14, 1910

Docket2768

StatusPublished

Cited by5 cases

This text of 69 S.E. 29 (Collier 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

Collier v. State, 69 S.E. 29, 8 Ga. App. 371, 1910 Ga. App. LEXIS 163 (Ga. Ct. App. 1910).

Pincite

Opinion

Hill, C. J.

1. The judgment overruling a plea of former jeopardy should be excepted to in the final bill of exceptions, or in exceptions pendente lite properly allowed and filed. Sueli'a judgment does not constitute a ground for a new trial, and should not be incorporated in the motion for a new trial.'

2. A former conviction of being drunk and disorderly on a public highway -would not bar a prosecution for firing off a pistol on a public highway-on the Sabbath day. This is true although the defendant -may have been convicted of being drunk and disorderly on the highway when he fired off the pistol. The offenses are separate and distinct. The evidence necessary to convict of the first offense would' not be sufficient to convict of the second. Blair v. State, 81 Ga. 629 (7 S. E. 855).

3. The evidence supports the verdict, and no error appears.

Judgment affirmed.

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Hill, C. J.

1. The judgment overruling a plea of former jeopardy should be excepted to in the final bill of exceptions, or in exceptions pendente lite properly allowed and filed. Sueli'a judgment does not constitute a ground for a new trial, and should not be incorporated in the motion for a new trial.'

2. A former conviction of being drunk and disorderly on a public highway -would not bar a prosecution for firing off a pistol on a public highway-on the Sabbath day. This is true although the defendant -may have been convicted of being drunk and disorderly on the highway when he fired off the pistol. The offenses are separate and distinct. The evidence necessary to convict of the first offense would' not be sufficient to convict of the second. Blair v. State, 81 Ga. 629 (7 S. E. 855).

3. The evidence supports the verdict, and no error appears.

Judgment affirmed.

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Bluebook (online)

69 S.E. 29, 8 Ga. App. 371, 1910 Ga. App. LEXIS 163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collier-v-state-gactapp-1910.

Opinion

3. The evidence supports the verdict, and no error appears.

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