Bell v. State

Felton, Chief Judge.

The indictment states the offense in the language of the Code (§ 26-2304), which makes it sufficient. Code § 27-701; Jones v. State, 114 Ga. App. 448 (1) (151 SE2d 839). The demurrers raise the issue of whether or not the accused’s alleged act of going upon the premises with dynamite in his possession was such an overt act towards the commission of the crime as is necessary to constitute an attempt. The Code (§ 27-2507), in defining attempts to commit crime, requires that the accused shall have done merely “any act toward the commission of such crime.” (Emphasis supplied.)…