4 Ga. App. 786 | Ga. Ct. App. | 1908
Mose Coleman excepts to the judgment overruling his motion for new trial, and also to the judgment finding against his special plea to the jurisdiction. The special plea, which was by agreement heard by the court, is as follows: “And now comes the defendant and enters this, his special plea in said case, and says: 1st: That the city court of Americus, Georgia, has no jurisdiction over the defendant in this case, for the following reasons: that he is now under sentence and serving a sentence from the superior court of said county, and sent for assault with intent to murder, having been found guilty in said court at the May term and sentenced to twelve months in the chain-gang, or a fine of $250, and that he is now in custody under said sentence, and this court has no jurisdiction of the person of the defendant while he is serving this sentence imposed by the superior court of Sumter county. 2nd: Defendant further says that this court is out of jurisdiction in this ease for the reason that said case is now pending in the superior eoiirt of said county, there being an indictment found by the grand jury at the May term of Sumter superior court, .and that there is no order on the minutes of the superior court, transferring this case to the city court; neither is there any order entered on the minutes of the city court of Americus, Georgia, showing that said case has been duly transferred and entered upon -the minutes. The defendant says before this court can get jurisdiction of the case in the superior court of said county by the grand