Clardy v. State

Headnote 1 requires no elaboration, and for the reason there stated special ground 10 (numbered 13) is not considered.

In an indictment for sodomy, under the provisions of Code § 26-5901, it is not necessary, as a part of the description of the offense, to state the age of the accused; and, where in such a case the indictment does in fact state that the defendant is a “man of more than 21 years,” such allegation is surplusage and need not be proved. See, in this connection, Murphy v. State, 67 Ga. App. 626 (21 S. E. 2d, 454). Nor was proof of the defendant’s age necessary to show his capacity…