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Irwin v. State

45 S.E. 48, 117 Ga. 706, 1903 Ga. LEXIS 311
CourtSupreme Court of Georgia
DecidedJune 25, 1903
StatusPublished
Cited by24 cases

This text of 45 S.E. 48 (Irwin 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
Irwin v. State, 45 S.E. 48, 117 Ga. 706, 1903 Ga. LEXIS 311 (Ga. 1903).

Opinion

Simmons, C. J.

In a criminal proceeding the pendency of a former indictment, for the same offense is no ground for a plea in abatement or in bar, although the accused may have been arraigned thereon and have filed a plea. Doyal v. State, 70 Ga. 134 ; Clark’s Crim. Proc. 115, 377, 407, and cases cited; Archb. Crim. Pr. & PL 336 ; ease of Swan & Jefferies, Poster’s Crown L. 105. Where several indictments for the same offense are pending against the same person,' it is immaterial npon which he is first tried. Whenever he has been acquitted or convicted upon any one of them, he can plead such acquittal or conviction in bar of a prosecution of any of the others.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)
45 S.E. 48, 117 Ga. 706, 1903 Ga. LEXIS 311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/irwin-v-state-ga-1903.