Sheppard v. State

Court of Appeals of Georgia

Sheppard v. State

105 S.E. 736, 26 Ga. App. 241, 1921 Ga. App. LEXIS 85

CourtCourt of Appeals of Georgia

DecidedJanuary 28, 1921

Docket10997

StatusPublished

Cited by1 cases

This text of 105 S.E. 736 (Sheppard 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

Sheppard v. State, 105 S.E. 736, 26 Ga. App. 241, 1921 Ga. App. LEXIS 85 (Ga. Ct. App. 1921).

Pincite

Opinion

Broyles, C. J.

1. “ In an indictment under the Penal Code, § 329, which declares: ‘ If any person, informing or prosecuting under pretense of any penal law, shall compound with the offender, or direct the suit or information to be discontinued, unless it be by leave of the court where the same is pending, he shall be guilty of a misdemeanor, ’ it is not necessary to allege the essential elements of the pretended offense. ”

2. “ Evidence that the defendant caused one to be arrested by an officer under pretense of his having committed an offense, and compounded with such person for a consideration without any proceeding in court, is insufficient to support a conviction under the statute quoted in the preceding note.” Sheppard v. State (this case), 151 Ga. (105 S. E. 601).

3. Under these rulings, the court did not err in overruling the demurrer to the indictment; but the court did err in overruling the motion for a new trial, since the verdict was unauthorized by the evidence. The case being controlled by this ruling, it is unnecessary to consider the amendment to the motion for a new trial.

Judgment reversed.

Luke and Bloodworth, JJ., concur.

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