Fears v. State

Supreme Court of Georgia

Decided July 2, 1906

Supreme Court of Georgia · decided 1906-07-02

<p>Indictment for unlawful sale of liquor. Before Judge Beagan. Butts superior court. March 19, 1906.</p>

Relies on Hill v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1906-07-02

How this case has been cited

Cited by 6 later decisions — most recently November 1983

6 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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Reck, J.

¶11. A ground of a motion for a new trial, after conviction in a misdemeanor case, that the fine imposed was excessive, is without merit. Hill v. State, 122 Ga. 166.

¶22. Where, in the trial of one charged with a misdemeanor, upon arraignment of the prisoner the indictment was read to him by the solicitor-general and a plea of not guilty was entered, no other or more formal arraignment 'was required. Penal Code, § 946; 12 Cye. 344, and citations.

¶33. The failure to furnish the accused or his counsel with a copy of the indictment and list of witnesses, in the absence of a demand therefor, does not constitute a valid ground for setting aside the verdict of guilty. Penal Code, §945.

¶44. The evidence authorized the verdict, and the court did not err in refusing a new trial.

¶5 Judgment affirmed.

All the Justices concur, except Fish, G. J., absent. O. M. Duke, for plaintiff in error. O. H. B. ■Bloodworth, solicitor-general, and W. P. Bloodworth, contra.