Gresham v. State

Court of Appeals of Georgia

Gresham v. State

182 S.E. 416, 52 Ga. App. 77, 1935 Ga. App. LEXIS 45

CourtCourt of Appeals of Georgia

DecidedNovember 5, 1935

Docket25044

StatusPublished

This text of 182 S.E. 416 (Gresham 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

Gresham v. State, 182 S.E. 416, 52 Ga. App. 77, 1935 Ga. App. LEXIS 45 (Ga. Ct. App. 1935).

Pincite

Opinion

Broyles, O. J.

1. “A plea of former conviction is good as against demurrer only when it sets out the record of the former trial and conviction and judgment, and such a state of facts as will show that the former conviction was for the same offense for which the defendant is about to be arraigned.” Thomas v. State, 24 Ga. App. 350 (100 S. E. 760); Crocker v. State, 47 Ga. 568; Wilson v. State, 68 Ga. 827. This ruling is applicable where the plea alleges (as in the instant case) that the former conviction was adjudged by a military tribunal while a state of martial law was in effect.

2. Under the foregoing ruling, the facts set out in the instant plea were insufficient to show that the former conviction was for the same offense for which the defendant was indicted in this ease; and the court properly struck the plea on demurrer.

3. The evidence amply authorized the verdict, and the refusal to grant a new trial was not error.

Judgment affirmed.

MacIntyre and Guerry, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Broyles, O. J.

1. “A plea of former conviction is good as against demurrer only when it sets out the record of the former trial and conviction and judgment, and such a state of facts as will show that the former conviction was for the same offense for which the defendant is about to be arraigned.” Thomas v. State, 24 Ga. App. 350 (100 S. E. 760); Crocker v. State, 47 Ga. 568; Wilson v. State, 68 Ga. 827. This ruling is applicable where the plea alleges (as in the instant case) that the former conviction was adjudged by a military tribunal while a state of martial law was in effect.

2. Under the foregoing ruling, the facts set out in the instant plea were insufficient to show that the former conviction was for the same offense for which the defendant was indicted in this ease; and the court properly struck the plea on demurrer.

3. The evidence amply authorized the verdict, and the refusal to grant a new trial was not error.

Judgment affirmed.

MacIntyre and Guerry, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

182 S.E. 416, 52 Ga. App. 77, 1935 Ga. App. LEXIS 45, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gresham-v-state-gactapp-1935.

Opinion

Related

Cite This Page — Counsel Stack