Lowther v. State

Court of Appeals of Georgia

Lowther v. State

89 S.E. 536, 18 Ga. App. 461, 1916 Ga. App. LEXIS 1024

CourtCourt of Appeals of Georgia

DecidedJuly 19, 1916

Docket7322

StatusPublished

Cited by1 cases

This text of 89 S.E. 536 (Lowther 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

Lowther v. State, 89 S.E. 536, 18 Ga. App. 461, 1916 Ga. App. LEXIS 1024 (Ga. Ct. App. 1916).

Pincite

Opinion

Hodges, J.

The plaintiff in error can not, by motion in arrest of judgment, raise for the first time the point that the sitting of the court at which he was tried and convicted was not during a legal term of the court; it appearing that he made a motion for new trial. Lowther v. State, 16 Ga. App. 289 (85 S. E. 208). If it was not a legal term of the court, he could and ought to have raised the point in the motion for a new trial. He is precluded as to all points that he could have made at the time of the hearing and overruling of his motion for new trial. Frank v. State, 142 Ga. 741 (2), 751 (83 S. E. 645, 56 L. R. A. (1915D) 817). Judgment affirmed.

Indictment for felony; from Liberty superior court — Judge Sheppard. November 19, 1915.

J. Hartridge Smith, for plaintiff in error. W. F. Slater, solicitor-general, N. J. Norman, contra.

Free access — add to your briefcase to read the full text and ask questions with AI

Hodges, J.

The plaintiff in error can not, by motion in arrest of judgment, raise for the first time the point that the sitting of the court at which he was tried and convicted was not during a legal term of the court; it appearing that he made a motion for new trial. Lowther v. State, 16 Ga. App. 289 (85 S. E. 208). If it was not a legal term of the court, he could and ought to have raised the point in the motion for a new trial. He is precluded as to all points that he could have made at the time of the hearing and overruling of his motion for new trial. Frank v. State, 142 Ga. 741 (2), 751 (83 S. E. 645, 56 L. R. A. (1915D) 817). Judgment affirmed.

Indictment for felony; from Liberty superior court — Judge Sheppard. November 19, 1915.

J. Hartridge Smith, for plaintiff in error. W. F. Slater, solicitor-general, N. J. Norman, contra.

Cite This Page — Counsel Stack

Bluebook (online)

89 S.E. 536, 18 Ga. App. 461, 1916 Ga. App. LEXIS 1024, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lowther-v-state-gactapp-1916.

Opinion

Related

Cite This Page — Counsel Stack