Miller v. State
Court of Appeals of Georgia
Indictment for misdemeanor; from Gordon superior court— Judge Fite. March 11, 1916.
1Opinion of the CourtHodges, J.
The demurrer to the bill of indictment based upon section 720 of the Penal Code, alleging that the accused “did sell and dispose of all the cotton and cottonseed grown on three acres of cotton planted on Mrs. Johnson’s farm,” should have been sustained. This allegation does not sufficiently describe and specify the property. The description of the property in the “mortgage” was too vague and indefinite to form the basis of a criminal prosecution. Osborne v. Rice, 107 Ga. 281 (33 S. E. 54); Hampton v. State, 124 Ga. 3 (52 S. E. 19).
Judgment reversed.
2Cases cited2 opinions
- Osborne v. RiceSupreme Court of Georgia · 1899
- Hampton v. StateSupreme Court of Georgia · 1905
3Cited by1 opinion
- Brown v. StateCourt of Appeals of Georgia · 1939