Heaton v. State , 40 Ga. App. 87 ( 1929 )

Luke, J.,

dissenting: I have written the foregoing opinion according to the view of a majority of the court. However, my individual view is that the first indictment was absolutely void and did not toll the statute, and, therefore, the second indictment was not within the statute of limitations; and for this reason I dissent from the judgment of affirmance.