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11 Ga. App. 754

Hurst v. State

Court of Appeals of Georgia

Decided October 22, 1912

Court of Appeals of Georgia · decided 1912-10-22

<p>Accusation of public indecency; from city court of Blackshear— Judge. Milton. June 10, 1912.</p>

Relies on Doyal v. State · Cabaniss v. State · Gray v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1912-10-22

How this case has been cited

Cited by 7 later decisions — most recently March 1975

1 federal appellate · 6 state decisions

201912192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Hill, C. J.

¶11. This court and the Supreme Court have repeatedly held that the pendency of a former- indictment, charging the same offense against the accused as that set out in the indictment upon which he is to be tried, affords no grounds for plea in abatement. Cabaniss v. State, 8 Ga. App. 129 (68 S. E. 849).

¶22. Where several indictments for the same offense are pending against the same person,-it is immaterial upon which he is first tried. Whenever he has been acquitted or convicted on any one of them, he can plead such acquittal or conviction in bar of other prosecutions on the indictments. Gray v. State, 6 Ga. App. 428 (65 S. E. 191).

¶33. There is no such plea to an indictment as pendency of a former indictment, or autrefois arraign. Doyal v. State, 70 Ga. 134.

¶44. An indictment can be legally returned in the superior court against a person charging him with the same offense covered by an accusation pending in the city court, and vice versa. A trial and conviction or acquittal on the indictment would bar a subsequent trial on the accusation, and vice versa; and in either case the State would have the right to nol. pros, or abandon either the indictment or the accusation. Hudson v. State, 91 Ga. 553 (18 S. E. 432). Judgment affirmed.

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