Ussery v. State

Court of Appeals of Georgia

Ussery v. State

140 S.E. 427, 37 Ga. App. 345, 1927 Ga. App. LEXIS 663

CourtCourt of Appeals of Georgia

DecidedNovember 16, 1927

Docket18301

StatusPublished

This text of 140 S.E. 427 (Ussery 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

Ussery v. State, 140 S.E. 427, 37 Ga. App. 345, 1927 Ga. App. LEXIS 663 (Ga. Ct. App. 1927).

Pincite

Opinion

Bkoyles, C. J.

1. Upon the trial of one charged with manufacturing whisky, a plea of autrefois convict, setting up that a few months previously the accused had been convicted of the offense of possessing whisky, and that the charge of possessing whisky, upon which he had been convicted, and the present charge of manufacturing whisky, were based upon the same facts and grew out of the same transaction, is insufficient in law and is not a good plea of autrefois convict. It is obvious that the greater offense of manufacturing whisky can not be merged into the lesser offense of possessing the whisky.

2. The verdict was amply authorized by the evidence.

Judgment affirmed.

Jmhe and Bloochoorlh, JJ., concur.

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Bkoyles, C. J.

1. Upon the trial of one charged with manufacturing whisky, a plea of autrefois convict, setting up that a few months previously the accused had been convicted of the offense of possessing whisky, and that the charge of possessing whisky, upon which he had been convicted, and the present charge of manufacturing whisky, were based upon the same facts and grew out of the same transaction, is insufficient in law and is not a good plea of autrefois convict. It is obvious that the greater offense of manufacturing whisky can not be merged into the lesser offense of possessing the whisky.

2. The verdict was amply authorized by the evidence.

Judgment affirmed.

Jmhe and Bloochoorlh, JJ., concur.

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Bluebook (online)

140 S.E. 427, 37 Ga. App. 345, 1927 Ga. App. LEXIS 663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ussery-v-state-gactapp-1927.