Sirmons v. State

Court of Appeals of Georgia

Sirmons v. State

169 S.E. 243, 46 Ga. App. 784, 1933 Ga. App. LEXIS 245

CourtCourt of Appeals of Georgia

DecidedMay 2, 1933

Docket23042

StatusPublished

This text of 169 S.E. 243 (Sirmons 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.

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Sirmons v. State, 169 S.E. 243, 46 Ga. App. 784, 1933 Ga. App. LEXIS 245 (Ga. Ct. App. 1933).

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Opinion

MacIntyee, J.

The indictment alleged a misdemeanor; and the State having failed to carry the burden of proof that the indictment was found and filed in the superior court of Berrien county within two years after the commission of the offense charged, the court erred in overruling the motion for a new trial. Penal Code (1910), § 30, par. 4.

Judgment reversed.

Broyles, O. J., and Guerry, J., concur. E. R. Smith, for plaintiff in error. H. C. Morgan, solicitor-general, contra.

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MacIntyee, J.

The indictment alleged a misdemeanor; and the State having failed to carry the burden of proof that the indictment was found and filed in the superior court of Berrien county within two years after the commission of the offense charged, the court erred in overruling the motion for a new trial. Penal Code (1910), § 30, par. 4.

Judgment reversed.

Broyles, O. J., and Guerry, J., concur. E. R. Smith, for plaintiff in error. H. C. Morgan, solicitor-general, contra.

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169 S.E. 243, 46 Ga. App. 784, 1933 Ga. App. LEXIS 245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sirmons-v-state-gactapp-1933.