Legal Opinion

Davis v. State

Court of Appeals of Georgia

Decided November 20, 1961No. 39221PublishedCited by 4 opinions

1Opinion of the Court

Jordan, Judge.

The defendant, under an accusation charging him with the possession of “spirituous and intoxicating liquor, to wit: NTPW,” was tried and convicted in the City Court of Sandersville. His amended motion for new trial was denied, and he excepted to that judgment. Held:

1. Defects in an indictment or accusation must be taken advantage of by demurrer before trial or motion in arrest of judgment after conviction; they furnish no grounds for granting a new trial. Rucker v. State, 114 Ga. 13 (1) (39 SE 902). Accordingly, where an accusation charging the defendant with the possession of…

2Cases cited3 opinions

  1. Rucker v. StateSupreme Court of Georgia · 1901
  2. Scandrett v. StateSupreme Court of Georgia · 1905
  3. Brown v. StateCourt of Appeals of Georgia · 1947

3Cited by4 opinions

  1. Bramblett v. StateCourt of Appeals of Georgia · 1976
  2. Young v. StateCourt of Appeals of Georgia · 1969
  3. Davis v. StateCourt of Appeals of Georgia · 1962
  4. Wade v. StateCourt of Appeals of Georgia · 1974

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