Eubanks v. State

Deen, Presiding Judge.

1. The Supreme Court has held in this case (239 Ga. 483) that the indictment was not subject to the demurrers interposed. We accordingly vacate our former decision to the contrary in Eubanks v. State, 141 Ga. App. 569 (234 SE2d 95).

2. The appellant also enumerated error on the judgment of the trial court overruling his motion for a directed verdict, contending that the statute (Code § 26-1808) is void and also unconstitutional as applied to the facts of this case, that the punishment assessed is illegal, and that the verdict is not supported by evidence in certain…