Legal Opinion

Butts v. State

Court of Appeals of Georgia

Decided December 22, 1932No. 22759PublishedCited by 3 opinions

1Opinion of the CourtHooper, J.

1. A motion in arrest of judgment will lie where every allegation in the indictment may be true and yet the defendant be guiltless of any violation of law. Rambo v. State, 25 Ga. App. 390 (103 S. E. 494), and cit.

2. An indictment charging that the accused “did attempt to maliciously kill a certain cow,” the ownership and description of which was set forth, “said attempt to kill having been committed by putting Paris green in a tub of water from which the said cow was to drink,” did not sufficiently allege an attempt to violate § 752 of the Penal Code, which provides that “If any person shall…

2Cases cited3 opinions

  1. Rambo v. StateCourt of Appeals of Georgia · 1920
  2. Peebles v. StateSupreme Court of Georgia · 1897
  3. Leary v. StateCourt of Appeals of Georgia · 1913

3Cited by3 opinions

  1. Hilliard v. StateCourt of Appeals of Georgia · 1953
  2. Harrington v. StateCourt of Appeals of Georgia · 1958
  3. State v. YoungSupreme Court of New Jersey · 1970

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