Georgia Court of Appeals, 1908

Veasy v. State

Veasy v. State
Georgia Court of Appeals · Decided October 12, 1908 · Powell
4 Ga. App. 845; 62 S.E. 561; 1908 Ga. App. LEXIS 556
Veasy v. State

Cases that cite this one

4 later published cases cite this decision.

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Opinion of the Court

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.

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