Edwards v. State

1. Unless the language in an accusation or indictment, drawn under section 349 of the Penal Code (1910), raises no other implication than that the pointing of the pistol was intentional, an allegation therein that the accused pointed a pistol at another, without charging that it was intentionally pointed is fatally defective, and, after conviction and sentence, a motion to arrest the judgment should be sustained. Herrington v. State, 121 Ga. 141 (48 S. E. 908); Livingston v. State, 6 Ga. App. 208 (64 S. E. 709). However, where the accusation or indictment charges that, the accused did point…