Henderson v. State
Supreme Court of Georgia
Accusation of stabbing. Before Judge Nottingham. City court ■of Macon. June 18, 1901.
1Opinion of the CourtCobb, J.
The accused was arraigned upon an accusation charging him with the offense of stabbing, it being therein alleged that he did “ unlawfully, with a knife, or some other like instrument, cut and stab ” a named person. To this accusation the accused demurred upon the ground “ that the charge is in the alternative,” &nd for this reason the accusation is fatally defective. The demurrer was overruled, and he excepted.
Pleadings which are in the alternative are defective in form, and this defect may be taken advantage of by special demurrer. Ship-man’s Com: Law. PL §405, p. 266; Stephen, PL (Heard) *387 —…
2Cases cited9 opinions
- Sanders v. StateSupreme Court of Georgia · 1891
- State v. GilbertSupreme Court of Vermont · 1841
- Langston v. StateSupreme Court of Georgia · 1899
- State v. NewsomWest Virginia Supreme Court · 1878
- Grantham v. StateSupreme Court of Georgia · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Wright v. GeorgiaSupreme Court of the United States · 1963
- State v. EubanksSupreme Court of Georgia · 1977
- Young v. StateSupreme Court of Georgia · 1970
- Humphrey v. StateSupreme Court of Georgia · 1974
- Page v. StateSupreme Court of Georgia · 1986
26 more not listed; retrieve them via the Exa API.