Brown v. State

Brown v. State, 91 S.E. 939 (Ga. Ct. App. 1917)

Court: Court of Appeals of Georgia · State Appellate Courts
Decided: March 23, 1917
Docket: No. 8437
Judges: Wade
Citations: 91 S.E. 93919 Ga. App. 6191917 Ga. App. LEXIS 262

Cited by 4

Summary

Indictment for larceny of hog; from Bryan superior court— Judge Sheppard. December 18, 1916.

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

Opinion of the Court — Wade

Text extracted by OCR from a scanned original; check the original for exact wording.

Wade, C. J.

1. “The right of formal arraignment and plea will be conclusively considered as waived, where the defendant goes to trial before the jury on the merits, and fails, until after verdict, to bring to the attention of the court that he has not been formally called upon to enter a plea to the indictment. Pol. Code, § 10; Hudson v. State, 117 Ga. 704 ( 45 S. E. 66 ); Bryans v. State, 34 Ga. 323 .” Waller v. State, 2 Ga. App. 636 ( 58 S. E. 1106 ); Harris v. State, 11 Ga. App. 137 ( 74 S. E. 895 ).

2. There being some evidence to support the verdict, which was approved by the trial court, this court will not arbitrarily set aside the verdict.

Judgment affirmed.

George and Buhe, JJ., eoneur.

How later courts describe this case

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

Cited by 4 cases

View all citing references →

State Appellate Courts4

Relies on it most ⓘ

Davis v. State217 S.E.2d 343 (Ga. Ct. App. 1975)
Thompson v. State92 S.E. 959 (Ga. Ct. App. 1917)
Sellers v. State62 S.E.2d 395 (Ga. Ct. App. 1950)
McClendon v. State58 S.E.2d 462 (Ga. Ct. App. 1950)

Most recent

Davis v. State217 S.E.2d 343 (Ga. Ct. App. 1975)
Sellers v. State62 S.E.2d 395 (Ga. Ct. App. 1950)
McClendon v. State58 S.E.2d 462 (Ga. Ct. App. 1950)
Thompson v. State92 S.E. 959 (Ga. Ct. App. 1917)

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 4

Depth	Case	Cited by
	Hudson v. State, 45 S.E. 66 (Ga. 1903)	25
	Waller v. State, 58 S.E. 1106 (Ga. Ct. App. 1907)	15
	Harris v. State, 74 S.E. 895 (Ga. Ct. App. 1912)	11
	Bryans v. State, 34 Ga. 323 (1866)	20

`/`	Focus the search box
`j` `k`	Next / previous result
`Enter`	Open the selected result
`x`	Add / remove the selected result from the download list
`n` `p`	Next / previous search term in a case
`c`	Copy the citation of the current case
`+` `−`	Larger / smaller reading text
`?`	Show this list