Gibson v. State

Court of Appeals of Georgia

Gibson v. State

134 S.E. 327, 35 Ga. App. 658, 1926 Ga. App. LEXIS 1056

CourtCourt of Appeals of Georgia

DecidedAugust 4, 1926

Docket17300

StatusPublished

This text of 134 S.E. 327 (Gibson 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

Gibson v. State, 134 S.E. 327, 35 Ga. App. 658, 1926 Ga. App. LEXIS 1056 (Ga. Ct. App. 1926).

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Opinion

Broyles, C. J.

“After a grand jury has returned into court a true bill of indictment, and the same has been entered on the minutes of the superior court by its clerk, the court obtains jurisdiction of the case, and the grand jury is without authority, at the same term of the court, to recall the true bill, erase the entry of ‘true bill,’ and make an entry of ‘no bill’ on the indictment.” Gibson v. State, 162 Ga. (134 S. E. 326). Under this ruling and the facts of this case the trial court properly directed a verdict against the plea in bar filed by the accused.

Judgment affirmed.

Luke and Bloodworth, JJ., eoneur. M. L. Gross, Evans & Evans, for plaintiff in error. Walter F. Grey, solicitor-general, A. R. Wright, contra.

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Broyles, C. J.

“After a grand jury has returned into court a true bill of indictment, and the same has been entered on the minutes of the superior court by its clerk, the court obtains jurisdiction of the case, and the grand jury is without authority, at the same term of the court, to recall the true bill, erase the entry of ‘true bill,’ and make an entry of ‘no bill’ on the indictment.” Gibson v. State, 162 Ga. (134 S. E. 326). Under this ruling and the facts of this case the trial court properly directed a verdict against the plea in bar filed by the accused.

Judgment affirmed.

Luke and Bloodworth, JJ., eoneur. M. L. Gross, Evans & Evans, for plaintiff in error. Walter F. Grey, solicitor-general, A. R. Wright, contra.

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Bluebook (online)

134 S.E. 327, 35 Ga. App. 658, 1926 Ga. App. LEXIS 1056, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gibson-v-state-gactapp-1926.

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