Young v. State
Court of Appeals of Georgia
1Opinion of the Court
Felton, Chief Judge.
1. “Defects in an indictment or accusation must be taken advantage of by demurrer before trial or motion in arrest of judgment after conviction; they furnish no grounds for granting a new trial. Rucker v. State, 114 Ga. 13 (1) (39 SE 902).” Davis v. State, 105 Ga. App. 5 (1) (123 SE2d 271). Accordingly, where an accusation, charging the defendant with the offense of larceny from the house of over $50 and alleging his stealing of $400 in money “of the value of $40,” was not objected to by either of the above types of pleadings, said objection was waived.
Submitted January 6,…
2Cases cited4 opinions
- Tiller v. StateSupreme Court of Georgia · 1968
- Rucker v. StateSupreme Court of Georgia · 1901
- Owens v. StateCourt of Appeals of Georgia · 1936
- Davis v. StateCourt of Appeals of Georgia · 1961
3Cited by6 opinions
- Garmany v. PeavyCourt of Appeals of Georgia · 1970
- Colley v. StumpCourt of Appeals of Georgia · 1969
- Wade v. StateCourt of Appeals of Georgia · 1974
- Davis v. StateCourt of Appeals of Georgia · 1971
- Dawson v. GarnerCourt of Appeals of Georgia · 1969
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