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Fortson v. State

Fortson v. State, 79 S.E. 746 (Ga. Ct. App. 1913)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
October 28, 1913
Docket
No. 5189
Judges
Pottle
Citations
79 S.E. 74613 Ga. App. 6811913 Ga. App. LEXIS 320
Cited by 6
Summary
Accusation of carrying concealed weapon; from city court of Elberton — Judge Grogan. August' 23, 1913.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Pottle

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Pottle, J.

1. A nolle prosequi may, without the consent of the accused, he entered at any time before the ease has been submitted to the jury. Penal Code, § 982. A case is not submitted to a jury, within the meanr ing of this section, until after the jury have been empaneled and sworn in the cause. Newsom v. State, 2 Ga. 60 ; Franklin v. State, 85 Ga. 570 ( 11 S. E. 876 ); Nolan v. State, 55 Ga. 521 (21 Am. R. 281).

2. It appearing, from the allegations of the special plea in bar in the present ease, that although the jury had been stricken and had taken their seats in the jury-box, they had not been sworn, the plea was *682 properly stricken on motion. Whether jeopardy begins immediately after the jury are sworn is not decided. The evidence authorized the verdict, and there was no error in overruling the motion for a new trial, which was based solely upon the ground that the verdict was contrary to the law and the evidence. Judgment affirmed.

Decided October 28, 1913. Accusation of carrying concealed weapon; from city court of Elberton — Judge Grogan. August' 23, 1913. P. P. Proffitt, for plaintiff in error. Boozer Payne, solicitor, contra.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 6 cases

View all citing references →
1946: 11965: 11983: 11989: 21997: 119462026peak 1989 · 2

Relies on it most ⓘ

  1. Martin v. State37 S.E.2d 411 (Ga. Ct. App. 1946)
  2. State v. Wilwording394 S.W.2d 383 (Mo. 1965)
  3. Hubbard v. State483 S.E.2d 115 (Ga. Ct. App. 1997)
  4. Alexander v. State384 S.E.2d 436 (Ga. Ct. App. 1989)
  5. McIntyre v. State377 S.E.2d 532 (Ga. Ct. App. 1989)
  6. Newman v. State305 S.E.2d 123 (Ga. Ct. App. 1983)

Most recent

  1. Hubbard v. State483 S.E.2d 115 (Ga. Ct. App. 1997)
  2. Alexander v. State384 S.E.2d 436 (Ga. Ct. App. 1989)
  3. McIntyre v. State377 S.E.2d 532 (Ga. Ct. App. 1989)
  4. Newman v. State305 S.E.2d 123 (Ga. Ct. App. 1983)
  5. State v. Wilwording394 S.W.2d 383 (Mo. 1965)
  6. Martin v. State37 S.E.2d 411 (Ga. Ct. App. 1946)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Franklin v. State, 11 S.E. 876 (Ga. 1890) 19
Nolan v. State, 55 Ga. 521 (1875) 44
Newsom v. State, 2 Ga. 60 (1847) 9

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