Hughes v. State

Court of Appeals of Georgia

Hughes v. State

87 S.E. 823, 17 Ga. App. 611, 1916 Ga. App. LEXIS 810

CourtCourt of Appeals of Georgia

DecidedFebruary 4, 1916

Docket6916

StatusPublished

This text of 87 S.E. 823 (Hughes 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

Hughes v. State, 87 S.E. 823, 17 Ga. App. 611, 1916 Ga. App. LEXIS 810 (Ga. Ct. App. 1916).

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Opinions

Wade, J.

This case is controlled by the ease of Nichols v. State, ante, 593. The court erred in sustaining the demurrer to the plea in abatement and in striking the plea. If upon another trial the State fails to join issue upon the plea in abatement, or if, having so joined issue, the material averments therein are supported by proof and the issue determined in favor of the defendant, the indictment must be quashed. In the light of this ruling a consideration of the other assignments of error is unnecessary. Judgment reversed.

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Wade, J.

This case is controlled by the ease of Nichols v. State, ante, 593. The court erred in sustaining the demurrer to the plea in abatement and in striking the plea. If upon another trial the State fails to join issue upon the plea in abatement, or if, having so joined issue, the material averments therein are supported by proof and the issue determined in favor of the defendant, the indictment must be quashed. In the light of this ruling a consideration of the other assignments of error is unnecessary. Judgment reversed.

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Bluebook (online)

87 S.E. 823, 17 Ga. App. 611, 1916 Ga. App. LEXIS 810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hughes-v-state-gactapp-1916.