¶1dissenting. “ In a criminal proceeding the pend-ency of a former indictment for the same offense is no ground for a plea in abatement or in bar, although the accused may have been arraigned thereon and have filed a plea.” Irwin v. State, 117 Ga. 706. In my opinion, it can make no difference that the venue of the former indictment may have been changed and the accused tried thereon, but neither acquitted nor convicted. The second indictment in the county of the original indictment is an entirely different proceeding, and is not affected by the ineffectual attempts to dispose of the case in the county to which the venue of the original indictment was changed.
118 Ga. 310
Johnston v. State
Decided August 11, 1903
Supreme Court of Georgia · decided 1903-08-11
<p>Upon a change of venue in a criminal case, the county from which the case is-transferred loses all jurisdiction to try the accused upon the indictment transferred at the time of the change, or any other indictment charging the same offense. Candler, J., dissenting.</p>
Relies on Hargrove v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1903-08-11
How this case has been cited
Cited by 11 later decisions — most recently May 2017
1 federal appellate · 1 district · 9 state decisions
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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