Legal Opinion

Staples v. State

Court of Appeals of Georgia

Decided April 12, 1991No. A91A0144PublishedCited by 11 opinions

1Opinion of the Court

Andrews, Judge.

Staples was indicted for two counts of aggravated assault and found guilty on the second count at trial. Although he did not demur to the indictment, after the verdict was returned Staples filed a motion to arrest judgment on the basis that the indictment was imperfect and incomplete. From the trial court’s denial of that motion, he now appeals.

In attacking an indictment after the verdict, every presumption and inference is in favor of the verdict. King v. State, 103 Ga. App. 272 (119 SE2d 77) (1961). By failing to file a demurrer before trial, Staples waived his right to a…

2Cases cited16 opinions

  1. Berger v. United StatesSupreme Court of the United States · 1935
  2. State v. EubanksSupreme Court of Georgia · 1977
  3. Brooks v. StateCourt of Appeals of Georgia · 1977
  4. Ingram v. StateCourt of Appeals of Georgia · 1976
  5. Moore v. StateCourt of Appeals of Georgia · 1956

11 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. State v. JonesSupreme Court of Georgia · 2001
  2. Campbell v. StateCourt of Appeals of Georgia · 1996
  3. Bowman v. StateCourt of Appeals of Georgia · 1997
  4. McKeehan v. StateCourt of Appeals of Georgia · 2005
  5. Grant v. StateCourt of Appeals of Georgia · 1997

6 more not listed; retrieve them via the Exa API.

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