Heath v. State

Court of Appeals of Georgia

Heath v. State

128 S.E. 914, 34 Ga. App. 218, 1925 Ga. App. LEXIS 157

CourtCourt of Appeals of Georgia

DecidedJuly 29, 1925

Docket16118; 16119

StatusPublished

Cited by1 cases

This text of 128 S.E. 914 (Heath 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

Heath v. State, 128 S.E. 914, 34 Ga. App. 218, 1925 Ga. App. LEXIS 157 (Ga. Ct. App. 1925).

Pincite

Opinion

Broyles, C. J.

1. “Where A, knowing that B is guilty of a murder, assists B in concealing the crime and the body of the murdered person, A is not thereby guilty of ‘receiving, harboring, or'concealing’ the murderer, within the meaning of section 326 of the Penal Code of Í910.”

2. Under the above-stated ruling of the Supreme Court in these eases (the question being certified by this court), and the facts of the eases, the conviction of the accused was contrary to law and the evidence, and the court erred in overruling the motions for a new trial. For the full opinion of the Supreme Court see Heath v. State, and Washington v. State, 160 Ga. 678 (128 S. E. 913), decided July 14, 1925.

Judgment reversed.

Lulce and Bloodworth, JJ., concur. Willingham, Wright & Covington, for plaintiffs in error. E. 8. Taylor, solicitor-general, contra.

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