Legal Opinion

Carson v. State

Court of Appeals of Georgia

Decided October 22, 1918No. 9750PublishedCited by 5 opinions

Indictment for robbery; from Fulton superior court—-Judge Hill. April 8, 1918. The indictment charged G. C. Carson and others with “the offense of robbery, for that said accused,” in the county named and on a given date, “with force and arms, did wrongfully, fraudulently,' and. violently, by force and' intimidation, take from -the person of A. H. Boykin, without his consent and with intent 'to steal the samé,” $1,260 in money, of the value of.$1,260, “the property of Martel…

Read the full summary

Indictment for robbery; from Fulton superior court—-Judge Hill. April 8, 1918. The indictment charged G. C. Carson and others with “the offense of robbery, for that said accused,” in the county named and on a given date, “with force and arms, did wrongfully, fraudulently,' and. violently, by force and' intimidation, take from -the person of A. H. Boykin, without his consent and with intent 'to steal the samé,” $1,260 in money, of the value of.$1,260, “the property of Martel Manufacturing Company,, a corporation, contrary to the laws of said State,” etc. The demurrer was on the grounds, that…

1Opinion of the CourtBroyles, P. J.

1. Under the Penal Code, every indictment of the grand jury is to be deemed sufficiently technical and correct which states the offense in the terms and language of the code, or so plainly that the nature of the offense charged may be easily understood by the jury, and that the accused may be apprised with reasonable certainty of the nature of the offense charged. Park’s Ann. Penal Code, § 954, and authorities *744there cited under the heading “Test of sufficiency,” on page 530. The court did not err in overruling the demurrer to the indictment.

Decided October 22, 1918. Indictment for robbery;…

2Cases cited1 opinion

  1. Griffin v. HendersonSupreme Court of Georgia · 1903

3Cited by5 opinions

  1. Trammell v. ShirleyCourt of Appeals of Georgia · 1928
  2. Roberts v. StateCourt of Appeals of Georgia · 1924
  3. Clonts v. ScholleCourt of Appeals of Georgia · 1984
  4. Terry Shipbuilding Corp. v. GregoryCourt of Appeals of Georgia · 1921
  5. Stone v. StateCourt of Appeals of Georgia · 1949

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API