Haley v. State
Supreme Court of Georgia
Accusation of gaming. Before Judge Proffitt. City court of Elberton. August 14, 1905. 'Haley was tried, in the city court of Elberton, on an accusation which charged him and others with the offense of misdemeanor, for that on a day named they did “with force and arms unlawfully play and bet for money or other thing of value at a game of skin or-•other game played with cards.”
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Accusation of gaming. Before Judge Proffitt. City court of Elberton. August 14, 1905. 'Haley was tried, in the city court of Elberton, on an accusation which charged him and others with the offense of misdemeanor, for that on a day named they did “with force and arms unlawfully play and bet for money or other thing of value at a game of skin or-•other game played with cards.” The defendant demurred to the indictment because it was in the alternative and did not with sufficient certainty charge the defendant with a single offense. The court overruled the demurrer, but stated in his order that…
1Opinion of the Court
LüMPKiN, J.
(After stating the facts.) The accusation employs the alternative form of expression in describing the offense. It charges that the persons accused did play and bet “for money or other thing of value.” Where an offense can be committed in more than one way, it is not good pleading to charge it as having been committed in one method or the.other, in the alternative. Sanders v. State, 86 Ga. 717; Grantham v. State, 89 Ga. 121; Langston v. State, 109 Ga. 153; Henderson v. State, 113 Ga. 1148; Wharton’s Crim. Pl. & Pr. §§161-2. As to the employment of the conjunctive or disjunctive…
2Cases cited9 opinions
- Sanders v. StateSupreme Court of Georgia · 1891
- Henderson v. StateSupreme Court of Georgia · 1901
- Langston v. StateSupreme Court of Georgia · 1899
- Grantham v. StateSupreme Court of Georgia · 1892
- Hinton v. StateSupreme Court of Georgia · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. EubanksSupreme Court of Georgia · 1977
- Jones v. StateCourt of Appeals of Georgia · 1947
- Garmon v. StateSupreme Court of Georgia · 1964
- Page v. StateSupreme Court of Georgia · 1986
- Barbour v. StateCourt of Appeals of Georgia · 1917
9 more not listed; retrieve them via the Exa API.