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O'Connell v. State

55 Ga. 191
CourtSupreme Court of Georgia
DecidedJuly 15, 1875
StatusPublished
Cited by18 cases

This text of 55 Ga. 191 (O'Connell 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
O'Connell v. State, 55 Ga. 191 (Ga. 1875).

Opinion

Jackson, Judge.

The single question necessary to be decided in this case is, whether the judgment will be arrested on a charge in an indictment for receiving stolen goods, knowing them to have been stolen, when the jury return a special verdict of “guilty of receiving stolen goods.” We think the principle ruled by this court in the case of Couch vs. The State, 28 Georgia, 367, controls this case. The gist of the offense is the felonious knowledge. The jury did not find that, and the fact that they madé a special verdict omitting the very gist of the offense, is presumptive proof that they'did not mean to find it. What they have found is no offense. The verdict is a mere nullity, and no legal judgment or sentence can be predicated thereon. We think the court erred, therefore, in not arresting it, and reverse his judgment. It becomes unnecessary to consider the motion for a new trial.

Judgment reversed.

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Bluebook (online)
55 Ga. 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oconnell-v-state-ga-1875.