Holland v. State

Court of Appeals of Georgia

Holland v. State

131 S.E. 923, 34 Ga. App. 824, 1926 Ga. App. LEXIS 62

CourtCourt of Appeals of Georgia

DecidedFebruary 4, 1926

Docket16245

StatusPublished

This text of 131 S.E. 923 (Holland 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

Holland v. State, 131 S.E. 923, 34 Ga. App. 824, 1926 Ga. App. LEXIS 62 (Ga. Ct. App. 1926).

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Opinion

Broyles, O. J.

Where one is tried on an indictment charging rape and drawn under the act approved July 31, 1918 (Ga. L. 1918, p. 259), a verdict finding the accused guilty of fornication is null and void, and the judgment based thereon should be arrested on motion of the defendant. Holland v. State (this case), 161 Ga. 492 (131 S. E. 503), decided January 13, 1926. The trial court, therefore, erred in overruling the motion to arrest the judgment.

Judgment reversed.

Luke and Bloodworth, JJ., concur.

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Broyles, O. J.

Where one is tried on an indictment charging rape and drawn under the act approved July 31, 1918 (Ga. L. 1918, p. 259), a verdict finding the accused guilty of fornication is null and void, and the judgment based thereon should be arrested on motion of the defendant. Holland v. State (this case), 161 Ga. 492 (131 S. E. 503), decided January 13, 1926. The trial court, therefore, erred in overruling the motion to arrest the judgment.

Judgment reversed.

Luke and Bloodworth, JJ., concur.

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Bluebook (online)

131 S.E. 923, 34 Ga. App. 824, 1926 Ga. App. LEXIS 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holland-v-state-gactapp-1926.

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