Moore v. State

Court of Appeals of Georgia

Moore v. State

108 S.E. 65, 27 Ga. App. 268, 1921 Ga. App. LEXIS 816

CourtCourt of Appeals of Georgia

DecidedJune 30, 1921

Docket12455

StatusPublished

Cited by2 cases

This text of 108 S.E. 65 (Moore 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

Moore v. State, 108 S.E. 65, 27 Ga. App. 268, 1921 Ga. App. LEXIS 816 (Ga. Ct. App. 1921).

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Opinion

Broyles, C. J.

1. Both the sovereignty of the United States and the sovereignty of the State of Georgia having jurisdiction over the illegal act of selling whisky, or possessing whisky, the same may constitute a criminal offense equally against both sovereignties, subjecting the guilty party to punishment under the laws of both, and the punishment in one sovereignty is no bar to his punishment in the other, even if the oSense under the Eederal law and the offense under the State law constitute the same transaction. Bryson v. State, 27 Ga. App. 230 (108 S. E. 63), and authorities cited. Under this ruling the court did not err in the instant case in striking the special plea of autrefois convict.

2. The motion for a new trial contained only the usual general grounds, and, as the verdict was authorized by some evidence and approved by the trial judge, this court is without authority to interfere.

Judgment affirmed.

Luke and Bloodworth, JJ., concur.

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Broyles, C. J.

1. Both the sovereignty of the United States and the sovereignty of the State of Georgia having jurisdiction over the illegal act of selling whisky, or possessing whisky, the same may constitute a criminal offense equally against both sovereignties, subjecting the guilty party to punishment under the laws of both, and the punishment in one sovereignty is no bar to his punishment in the other, even if the oSense under the Eederal law and the offense under the State law constitute the same transaction. Bryson v. State, 27 Ga. App. 230 (108 S. E. 63), and authorities cited. Under this ruling the court did not err in the instant case in striking the special plea of autrefois convict.

2. The motion for a new trial contained only the usual general grounds, and, as the verdict was authorized by some evidence and approved by the trial judge, this court is without authority to interfere.

Judgment affirmed.

Luke and Bloodworth, JJ., concur.

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Bluebook (online)

108 S.E. 65, 27 Ga. App. 268, 1921 Ga. App. LEXIS 816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-state-gactapp-1921.

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