Duncan v. State

An indictment for misdemeanor charged J. T. Duncan with willfully and knowingly, and without authority from the board of directors of the Douglasville Banking Company, same being a chartered bank incorporated under the laws of Georgia, overdrawing his account with said bank in the sum of $263.61. He demurred to the indictment on three grounds: (1) that the allegations therein do not charge the defendant with any offense under the law; (2) that the indictment does not charge that the bank sustained any loss, and does not charge that the alleged overdraft was made fraudulently or with any…