Jones v. Murray

Supreme Court of Georgia

Jones v. Murray

156 S.E.2d 360, 223 Ga. 519, 1967 Ga. LEXIS 592

CourtSupreme Court of Georgia

DecidedJuly 14, 1967

Docket24185

StatusPublished

Cited by6 cases

This text of 156 S.E.2d 360 (Jones v. Murray) 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

Jones v. Murray, 156 S.E.2d 360, 223 Ga. 519, 1967 Ga. LEXIS 592 (Ga. 1967).

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Opinion

Duckworth, Chief Justice.

It is lawful for the grand jury to return any number of indictments for the same offense although the accused can be lawfully tried under only one of them. Doyal v. State, 70 Ga. 134; Irwin v. State, 117 Ga. 706 (45 SE 48); Pride v. State, 125 Ga. 750 (54 SE 688); Sims v. State, 221 Ga. 190 (144 SE2d 103). Applying the *520 above rule of law to this habeas corpus case where the sole alleged ground of illegal detention was that the applicant was charged in one accusation and two indictments with the same offense, and was sentenced under one indictment, the other two being dismissed, we find no error in the judgment remanding him to the custody of the sheriff.

Submitted July 10, 1967 — Decided July 14, 1967. Johnson & Brown, H. E. Brown, for appellant. Albert P. Wallace, Solicitor General, Wallace, Wallace & Driebe, for appellee.

Judgment affirmed.

All the Justices concur.

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Duckworth, Chief Justice.

It is lawful for the grand jury to return any number of indictments for the same offense although the accused can be lawfully tried under only one of them. Doyal v. State, 70 Ga. 134; Irwin v. State, 117 Ga. 706 (45 SE 48); Pride v. State, 125 Ga. 750 (54 SE 688); Sims v. State, 221 Ga. 190 (144 SE2d 103). Applying the *520 above rule of law to this habeas corpus case where the sole alleged ground of illegal detention was that the applicant was charged in one accusation and two indictments with the same offense, and was sentenced under one indictment, the other two being dismissed, we find no error in the judgment remanding him to the custody of the sheriff.

Submitted July 10, 1967 — Decided July 14, 1967. Johnson & Brown, H. E. Brown, for appellant. Albert P. Wallace, Solicitor General, Wallace, Wallace & Driebe, for appellee.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

156 S.E.2d 360, 223 Ga. 519, 1967 Ga. LEXIS 592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-murray-ga-1967.

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