State v. Green

Stolz, Judge.

The state appeals from the judgment of the trial court sustaining the defendant’s special demurrer to the following burglary indictment: "for that said accused, in the County of Columbia and State of Georgia, on the 25th day of January, 1975, unlawfully . . . did enter the building of Darvin Byrd, the owner thereof.”

The special demurrer urged that the indictment did not "set out the place of the alleged crime with the specificity required by law, so as to enable defendant to prepare his defense.” Held:

Code § 27-701 provides, "Every indictment or accusation of the grand jury shall…