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Harwell, J. The demurrer to the plea in abatement, based upon the ground of alleged former jeopardy or autrefois convict, was properly sustained by the judge of the city court; the judgment and sentence in the former case being rendered by the judge of the superior court in a county other than that in which the crime was committed, and being void and a nullity for want of jurisdiction. The decision herein is controlled by the ruling of this court in Barrs v. State, ante, 644.
Judgment affirmed.
Broyles, P. J., and Bloodworth, J., concur.
Document Info
Docket Number: 9642
Citation Numbers: 22 Ga. App. 765, 97 S.E. 195, 1918 Ga. App. LEXIS 740
Judges: Harwell
Filed Date: 11/1/1918
Precedential Status: Precedential
Modified Date: 11/8/2024