Ruffin v. State

Court of Appeals of Georgia

Ruffin v. State

114 S.E. 581, 29 Ga. App. 214, 1922 Ga. App. LEXIS 172

CourtCourt of Appeals of Georgia

DecidedNovember 14, 1922

Docket13907

StatusPublished

Cited by3 cases

This text of 114 S.E. 581 (Ruffin 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

Ruffin v. State, 114 S.E. 581, 29 Ga. App. 214, 1922 Ga. App. LEXIS 172 (Ga. Ct. App. 1922).

Pincite

Opinion

Broyles, C. J.

1. Where A shoots at B, with the intent to kill B, and does kill B, and, while so shooting at B, accidentally shoots and kills C, and is tried for the homicide of B and acquitted, such acquittal is a bar to a prosecution of A for the killing of C. Burnam v. State, 2 Ga. App. 395 (58 S. E. 667), and citations.

2. Where a defendant in a criminal case files a plea of former jeopardy and former acquittal, and the plea is demurred to instead of being traversed, all the allegations of the plea are admitted to be true, and such admission is absolute in the reviewing court. Burnam v. State, supra.

3. Under the above rulings and the facts of the instant case, the court erred in sustaining the demurrer to the defendant’s plea of former jeopardy and former acquittal and in striking the plea. This error rendered the further proceedings in the case nugatory.

Judgment reversed.

Luke amd Bloodworth, JJ., concur.

Conviction of manslaughter; from Effingham superior court — .Judge Strange. August 12, 1922.

A. A. Lawrence, Archibald Blackshear, for plaintiff in error. A. 8. Anderson, solicitor-general, contra.

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