Veasy v. State, 4 Ga. App. 845

Powell, J.

1. A demurrer to a plea of former jeopardy, filed in a prosecution for carrying a concealed pistol, is properly sustained when the plea sets up the former conviction of the defendant 'for carrying the pistol to a church, though it is alleged that both transactions were one and the same. As a matter of law, the two transactions were not the' same. In legal contemplation, a person who carries a concealed pistol to a church commits two offenses, and neither is inclusive of the other. Blair v. State, 81 Ga. 629 (7 S. E. 855) ; McIntosh v. State, 116 Ga. 543 (42 S. E. 793).

2. The evidence is sufficient to support the verdict. Judgment affirmed.

Case Details

Case Name: Veasy v. State

Court Name: Court of Appeals of Georgia

Date Published: Oct 12, 1908

Citations: 4 Ga. App. 845; 62 S.E. 561; 1908 Ga. App. LEXIS 556; 1299

Docket Number: 1299

Court Abbreviation: Ga. Ct. App.