Legal Opinion · Concurrence

Dixson v. State

Court of Appeals of Georgia

Decided November 23, 2011No. A11A1329; A11A1330Published

1ConcurrenceBlackwell, Judge

I concur in the judgment, but I do not agree with all that is said in the opinion of the majority, so I do not join it. Some of my differences with the majority merit no discussion, but one does, and I write separately for that reason. In Division 2, the majority says that the indictment sufficiently charged a violation of OCGA § 40-6-395 — even though the indictment does not mention things that are, Dixson says, essential elements of a violation — because the indictment alleges explicitly that Dixson acted “in violation of OCGA § 40-6-395.” The latter allegation saves the indictment, the…

2Cases cited12 opinions

  1. Henderson v. HamesSupreme Court of Georgia · 2010
  2. Hammock v. StateCourt of Appeals of Georgia · 1991
  3. State v. HowellCourt of Appeals of Georgia · 1990
  4. Bishop v. StateCourt of Appeals of Georgia · 2004
  5. Reed v. StateCourt of Appeals of Georgia · 1992

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