Brandt v. State

The first argument concerning the overruling of the demurrer to the indictment is that the court overruled the demurrer to count 1 before an order of nolle prosequi had been entered as to count 2. There is no merit in this contention. Nor is there any merit in the assignments of error on overruling the demurrer for any reason argued against the indictment. The indictment was drawn under the Code, § 26-2809, and the opinions in the following cases are cited as authority for its sufficiency: Hoyt v. State, 50 Ga. 313; Keys v. State, 112 Ga. 392 (37 S. E. 762, 81 Am. St. R. 63); Truehart v.…