28 Ga. App. 358 | Ga. Ct. App. | 1922
The defendant was indicted for possessing intoxicating liquors. Upon the call of the case, and before pleading or arraignment, he filed a plea of former jeopardy,-in which he alleged, in effect, that on August 17, 1921, and during “ the present term of this court,” he was tried and convicted of manufacturing the same liquors which he is now charged with illegally possessing, and that both of the alleged offenses grew out of one and the same transaction, and that the lesser offense of possessing intoxicating liquors was merged into the greater offense of manufacturing them. Upon motion of the State this plea was stricken as being insufficient in law.
It follows that the plea of autrefois convict in the instant case, which in effect merely alleged that a person- could not be guilty of manufacturing whisky without also being guilty of possessing the whisky, was properly stricken as being insufficient in law.
Judgment affirmed.