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Lawskills.com Georgia Caselaw
HOLMES v. THE STATE.
44741.
BELL, Presiding Judge.
Assault and battery. Fulton Criminal Court. Before Judge Tucker.
Defendant appeals from the judgment of conviction for assault and battery on a police officer. Held:
1. After both sides had rested, defendant moved orally for an acquittal on the grounds of former jeopardy. He argues that he was convicted in the Municipal Court of Atlanta, at an earlier trial, for interfering with an officer and the earlier offense is contained in the subsequent offense of assault and battery. The motion was overruled. A plea in bar of trial for former jeopardy must be made in writing upon arraignment, and before pleading to the merits. If not made in writing at the proper time, a plea of former jeopardy is waived. Code 27-1501; Hill v. State, 41 Ga. 484, 502; Hall v. State, 103 Ga. 403 929 SE 915); Brown v. State, 223 Ga. 76, 82 (153 SE2d 709); Reid v. State, 119 Ga. App. 368, 370 (166 SE2d 900).
2. The evidence authorizes the conviction.
Hinson McAuliffe, Soliciter, James L. Webb, Robert L. O'Neil, Frank A. Bowers, for appellee.
W. M. Mathews, Jr., for appellant.
SUBMITTED SEPTEMBER 3, 1969 -- DECIDED SEPTEMBER 6, 1969.
Friday May 22 17:44 EDT


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