Holt v. State
Court of Appeals of Georgia
Accusation of misdemeanor, from city court of Ashburn — Judge Hawkins. August 27, 1908. The accusation charged Holt with "the offense of a misdemeanor, for that the said . . Holt, on the 1st day of December, in the year 1907, in the county aforesaid, did then and there unlawfully and with force of arms, for that he unlawfully, wrongfully and fraudulently, after having made a rent contract for the year 1907 with one W. A. Greer, on which rent contract he was due said W. A.…
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Accusation of misdemeanor, from city court of Ashburn — Judge Hawkins. August 27, 1908. The accusation charged Holt with "the offense of a misdemeanor, for that the said . . Holt, on the 1st day of December, in the year 1907, in the county aforesaid, did then and there unlawfully and with force of arms, for that he unlawfully, wrongfully and fraudulently, after having made a rent contract for the year 1907 with one W. A. Greer, on which rent contract he was due said W. A. Greer $124.20 for rent and advances made upon the crops grown upon said rented land, for which he was due the said W. A.…
1Opinion of the CourtRussell, J.
1. The accusation setting forth the offense in the language of the code, and so plainly that the nature of the offense could easily he understood by the jury, the demurrer was properly overruled.
2. The factum of the allegations contained in the indictment is for the jury, but their materiality is to be determined by the court. Consequently, to charge the jury, without explanation, that “the State is required to prove each and every material allegation in the accusation, to the satisfaction of the minds of the jury beyond a reasonable doubt, and the jury is to decide as to the materiality of…
2Cited by4 opinions
- Barbour v. StateCourt of Appeals of Georgia · 1941
- Bell v. StateCourt of Appeals of Georgia · 1914
- Faircloth v. StateCourt of Appeals of Georgia · 1943
- Stephens v. StateCourt of Appeals of Georgia · 1918