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Gilbert v. State

165 S.E. 120, 175 Ga. 276, 1932 Ga. LEXIS 233
CourtSupreme Court of Georgia
DecidedAugust 10, 1932
DocketNo. 8582
StatusPublished
Cited by6 cases

This text of 165 S.E. 120 (Gilbert 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
Gilbert v. State, 165 S.E. 120, 175 Ga. 276, 1932 Ga. LEXIS 233 (Ga. 1932).

Opinion

Atkinson, J.

1. The indictment must be strictly construed and most strongly against the State; and so construed, it must be held to charge the crime of rape as having been committed upon one person, and the crimes of robbery and assault with intent to murder to have been committed upon another person, and to have improperly joined these offenses in one indictment. The crimes are so variant that the judgment of the trial court on the charge of rape would be reviewable only in the Supreme Court, and as to the other crimes reviewable only in the Court of Appeals.

2. The error in overruling the demurrer to the indictment rendered all further proceedings nugatory.

Judgment reversed.

All the Justices eoneur. O. J. Googler, for plaintiff in error. George M. Napier, attorney-general, and T. E. Gress, assistant attorney-general, contra.

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Related

State v. Eubanks
238 S.E.2d 38 (Supreme Court of Georgia, 1977)
Jarrell v. State
216 S.E.2d 258 (Supreme Court of Georgia, 1975)
Wingfield v. State
200 S.E.2d 708 (Supreme Court of Georgia, 1973)
McMichen v. State
2 S.E.2d 507 (Court of Appeals of Georgia, 1939)
Scott v. State
185 S.E. 131 (Court of Appeals of Georgia, 1936)

Cite This Page — Counsel Stack

Bluebook (online)
165 S.E. 120, 175 Ga. 276, 1932 Ga. LEXIS 233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gilbert-v-state-ga-1932.