Byars v. State

We shall first consider whether or not the trial court erred in overruling the demurrer to the indictment. Counsel for the defendant states in his brief that the only parts of the demurrer to each count in the indictment which are seriously contended for are paragraph III and paragraph IV thereof. Paragraph III reads: “Defendant demurs specially to that part of count 1 in said indictment which alleges: ‘And did operate the said automobile on said Georgia Highway No. 48 at said time at a rate of speed in excess of 60 miles per hour.’ ” Error is assigned on the overruling of this demurrer as…