Ingram v. State

Berger v. United States, 295 U. S. 78 (55 SC 629, 79 LE 1314), cited in the majority opinion, is a 1934 case having little factual relation to those cited as following it. There seven persons were indicted for conspiracy. The proof showed two conspiracies fitting into the general allegations of the indictment, and that the defendant was a party to one but not to the other.

*418DePalma v. State, 225 Ga. 465 (169 SE2d 801), also cited held that where the Code defined robbery as a taking "without the consent of the owner or person in possession” an indictment substituting "and” for "or” was not…