Gibbons v. State

Supreme Court of Georgia

Gibbons v. State

36 Ga. 475

DecidedDecember 15, 1867

StatusPublished

This text of 36 Ga. 475 (Gibbons v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gibbons v. State, 36 Ga. 475 (Ga. 1867).

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Opinion

Warner, C. J.

The error assigned to the judgment of Court below in this case, is in holding that the Court had jurisdiction for the trial of the offence charged in the indictment. The question made in this record is not now an open one in this Court. In the case of William Gibson, a person of color, vs. the State of Georgia, decided at the December Term, 1866, (not yet reported,) it was held that the Superior Courts in this State had no jurisdiction of the offence of “Larceny from the House,” alleged to have been committed by a free person of color, on the 3d day of February, 1866, prior to the passage of the Act of 17th Maréh, 1866. In this case, the offence is alleged to have been committed on the 4th day of December, 1865. This case being clearly within the decision made in that case, upon the question of jurisdiction, we are controlled by it.

Therefore let the judgment of the Court below be reversed.

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Warner, C. J.

The error assigned to the judgment of Court below in this case, is in holding that the Court had jurisdiction for the trial of the offence charged in the indictment. The question made in this record is not now an open one in this Court. In the case of William Gibson, a person of color, vs. the State of Georgia, decided at the December Term, 1866, (not yet reported,) it was held that the Superior Courts in this State had no jurisdiction of the offence of “Larceny from the House,” alleged to have been committed by a free person of color, on the 3d day of February, 1866, prior to the passage of the Act of 17th Maréh, 1866. In this case, the offence is alleged to have been committed on the 4th day of December, 1865. This case being clearly within the decision made in that case, upon the question of jurisdiction, we are controlled by it.

Therefore let the judgment of the Court below be reversed.

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Bluebook (online)

36 Ga. 475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gibbons-v-state-ga-1867.