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Georgia Court of Appeals, 1933

Sirmons v. State

Sirmons v. State
Georgia Court of Appeals · Decided May 2, 1933 · MacIntyee
46 Ga. App. 784; 169 S.E. 243; 1933 Ga. App. LEXIS 245

Sirmons v. State

Opinion of the Court

MacIntyee, J.

The indictment alleged a misdemeanor; and the State having failed to carry the burden of proof that the indictment was found and filed in the superior court of Berrien county within two years after the commission of the offense charged, the court erred in overruling the motion for a new trial. Penal Code (1910), § 30, par. 4.

Judgment reversed.

Broyles, O. J., and Guerry, J., concur. E. R. Smith, for plaintiff in error. H. C. Morgan, solicitor-general, contra.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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