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Fillingame v. State

109 S.E. 916, 27 Ga. App. 764, 1921 Ga. App. LEXIS 405
CourtCourt of Appeals of Georgia
DecidedDecember 13, 1921
Docket12889
StatusPublished
Cited by9 cases

This text of 109 S.E. 916 (Fillingame 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
Fillingame v. State, 109 S.E. 916, 27 Ga. App. 764, 1921 Ga. App. LEXIS 405 (Ga. Ct. App. 1921).

Opinion

Bloodworth, J.

The bill of exceptions in this ease shows that three separate eases against the same defendant were by consent tried together; that there were three separate verdicts of guilty, and three judgments; and by this one bill of exceptions the defendant seeks to have all three of these judgments set aside. This is not permissible, “ There is no authority of law for excepting in the same motion for new trial to the rendition of two verdicts upon the trial of two separate' criminal cases. On the contrary, to the setting aside of either of such verdicts, separate and independent motions are requisite.” Dickey v. State, 101 Ga. 572 (28 S. E. 980). And see Futch v. Mathis, 148 Ga. 558 (97 S. E. 516); Paschal v. Morgan, 19 Ga. App. 245 (91 S. E. 285), and citations; Chambers v. Walker, 26 Ga. App. 586 (106 S. E. 811).

Writ of error dismissed.

Broyles, C. J., and Luke, J., concur.

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Cite This Page — Counsel Stack

Bluebook (online)
109 S.E. 916, 27 Ga. App. 764, 1921 Ga. App. LEXIS 405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fillingame-v-state-gactapp-1921.