Walden v. State

Court of Appeals of Georgia

Walden v. State

71 S.E. 945, 9 Ga. App. 584, 1911 Ga. App. LEXIS 243

CourtCourt of Appeals of Georgia

DecidedAugust 4, 1911

Docket2947

StatusPublished

Cited by4 cases

This text of 71 S.E. 945 (Walden 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

Walden v. State, 71 S.E. 945, 9 Ga. App. 584, 1911 Ga. App. LEXIS 243 (Ga. Ct. App. 1911).

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Opinion

Russell, J.

1. Several persons were jointly indicted, jointly tried, and jointly convicted. All but two of the defendants voluntaiily complied with the judgment and sentence of the court, and these two filed a joint motion for a new trial, which was overruled, and they brought the case to this court on a joint writ of error from the judgment overruling. their motion for a new trial. Seld, that, having been jointly indicted, jointly tried, and jointly convicted, they had the right to bring a joint writ of error to this court to review the judgment overruling their joint motion for a new trial. The fact that the others who were jointly indicted and convicted with them failed to join them in the motion for a new trial, but voluntarily complied with the judgment and sentence of the court, does not affect the right of those who do except.

2. The brief 'of evidence fails to show any proof of venue, and for this reason alone this court is compelled to grant a new trial.

Judgment reversed.

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Russell, J.

1. Several persons were jointly indicted, jointly tried, and jointly convicted. All but two of the defendants voluntaiily complied with the judgment and sentence of the court, and these two filed a joint motion for a new trial, which was overruled, and they brought the case to this court on a joint writ of error from the judgment overruling. their motion for a new trial. Seld, that, having been jointly indicted, jointly tried, and jointly convicted, they had the right to bring a joint writ of error to this court to review the judgment overruling their joint motion for a new trial. The fact that the others who were jointly indicted and convicted with them failed to join them in the motion for a new trial, but voluntarily complied with the judgment and sentence of the court, does not affect the right of those who do except.

2. The brief 'of evidence fails to show any proof of venue, and for this reason alone this court is compelled to grant a new trial.

Judgment reversed.

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Bluebook (online)

71 S.E. 945, 9 Ga. App. 584, 1911 Ga. App. LEXIS 243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walden-v-state-gactapp-1911.

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