8 S.E.2d 795 | Ga. Ct. App. | 1940
1. The overruling of the plea of former jeopardy was not error.
2. The verdict was authorized by the evidence; and the special grounds of the motion for new trial show no cause for a reversal of the judgment.
1. The plea of former jeopardy alleged that the accused, before his trial in this case, had been tried for the same offense and acquitted in Meriwether County by the ordinary of that county. It appears, however, from the undisputed evidence in this case, that the officer who arrested the accused, not being well acquainted with the line separating Meriwether and Talbot counties, mistakenly thought the accused was driving his automobile in Meriwether County, whereas, as a matter of fact, he was operating it, when arrested, in Talbot County. It is also apparent from the evidence and the legal deductions therefrom that the defendant was acquitted on his trial in Meriwether County, for the reason that that county had no jurisdiction of an offense committed in Talbot County. That being true, the defendant was not put in jeopardy on that trial. The overruling of the plea was not error.
2. The verdict was amply authorized by the evidence. The contention that the State failed to prove that Willie McCoy, the person on trial, was the same person who had committed the alleged offense is without merit. The excerpts from the court's charge as complained of, when considered in the light of the entire charge and the facts of the case, show no cause for a reversal of the judgment. Judgment affirmed. MacIntyre andGuerry, JJ., concur. *577