Powell v. State

Gardner, Presiding Judge.

The indictment is founded on Code § 26-7410. In support of the indictment the State, in ad*480dition to the Code section cited hereinabove., relies on Crawford v. State, 2 Ga. App. 185 (58 S. E. 301) and Holton v. State, 109 Ga. 127 (34 S. E. 358). In the latter-cited opinion Judge Little called attention to Thomas v. State, 90 Ga. 437 (16 S. E. 94). We deem the above citations ample authority to sustain the ruling of the trial court in the instant case, wherein the trial court overruled the general demurrer to the indictment.

We do not have a case wherein the defendant,…