Gilbert v. State
Cases that cite this one
5 later published cases cite this decision.
- Wingfield v. State (Ga. 1973)
- State v. Eubanks (Ga. 1977)
- McMichen v. State (Ga. Ct. App. 1939)
- Scott v. State (Ga. Ct. App. 1936)
- Jarrell v. State (Ga. 1975)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
1. The indictment must be strictly construed and most strongly against the State; and so construed, it must be held to charge the crime of rape as having been committed upon one person, and the crimes of robbery and assault with intent to murder to have been committed upon another person, and to have improperly joined these offenses in one indictment. The crimes are so variant that the judgment of the trial court on the charge of rape would be reviewable only in the Supreme Court, and as to the other crimes reviewable only in the Court of Appeals.
2. The error in overruling the demurrer to the indictment rendered all further proceedings nugatory.
Judgment reversed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.