State v. Harris

Bernes, Judge.

A Clayton County jury convicted Albert Ray Harris of obstructing/hindering an emergency telephone call in violation of OCGA § 16-10-24.3. Following trial, Harris timely filed a motion in arrest of judgment, contending that the state’s accusation was legally defective in that it failed to allege the necessary element of intent for the offense. The trial court granted Harris’s motion, from which the state appeals. For the reasons that follow, we affirm.

“A motion to arrest judgment due to a defective indictment should be granted only where the indictment is absolutely void.”…