Lummus v. State
Court of Appeals of Georgia
Indictment for fraudulent conversion; from Forsyth superior court — Judge Patterson. September 23, 1915.
1Opinion of the CourtBroyles, J.
1. The offense is characterized in the indictment not by the name given it therein, but by criminal acts therein alleged to have been committed. Camp v. State, 3 Ga. 417; O’Halloran v. State, 31 Ga. 206; Aiken v. State, 90 Ga. 452 (1), 454 (16 S. E. 206), Disharoon v. State, 95 Ga. 351 (1), 356 (22 S. E. 698); Joyce on Indictments, § 334 (a).(a) The indictment in this case was not defective because it alleged that the offense was a “felony,” when the facts alleged therein clearly showed it was a misdemeanor.
2. Eor the above reason the court did not err in overruling the demurrer to the…
2Cases cited4 opinions
- Camp v. StateSupreme Court of Georgia · 1847
- Disharoon v. StateSupreme Court of Georgia · 1895
- O'Halloran v. StateSupreme Court of Georgia · 1860
- Aiken v. StateSupreme Court of Georgia · 1892
3Cited by7 opinions
- State v. EdwardsSupreme Court of Georgia · 1976
- Berrian v. StateCourt of Appeals of Georgia · 1976
- Pruitt v. StateCourt of Appeals of Georgia · 1975
- Brusnighan v. StateCourt of Appeals of Georgia · 1952
- Edwards v. StateCourt of Appeals of Georgia · 1918
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