Supreme Court of Georgia, 1916

Naylor v. Dixon

Naylor v. Dixon
Supreme Court of Georgia · Decided September 14, 1916
145 Ga. 833; 90 S.E. 74; 1916 Ga. LEXIS 504

Naylor v. Dixon

Opinion of the Court

Per Curiam.

An accusation in a city court charged Prank Naylor, in two counts, with a violation of the prohibition law, and he was found guilty on the second count. He moved for a new trial, which was refused, and thereupon he sued out a writ of habeas corpus on the ground that the verdict stated that “We, the jury, find the defendant, Prank Taylor, guilty on the second count, and not guilty on the first count.” Held, that this did not render the verdict invalid, so as to authorize the discharge of the prisoner under a writ of habeas corpus. Martin v. State, 25 Ga. 494; Harrell V. Avera, 139 Ga. 340 (77 S. E. 160).

Judgment affirmed.

By five Justices, all concurring.

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