Colwell v. State
Court of Appeals of Georgia
Indictment for burglary; from Fulton superior court — Judge B. H. Hill. October 23, 1915.
1Opinion of the CourtBroyles, J.
1. No irregularity in a criminal case, not affecting the real merits of the offense charged in the indictment, shall be good on a motion in arrest of judgment; all other defects must be taken advantage of’by plea, or in some other way, at the proper time pending the proceeding. Teal v. State, 22 Ga. 75 (68 Am. D. 482).
2. The indictment in this case, which was returned July 8, 1915, showed upon its face that the writing of the date of the offense alleged therein, to wit, “the 2nd day of June, in the year of our Lord nineteen hundred and - with force and arms,” had not been completed by the…
2Cases cited2 opinions
- Teal v. StateSupreme Court of Georgia · 1857
- Walker v. StateCourt of Appeals of Georgia · 1912
3Cited by1 opinion
- Waller v. StateCourt of Appeals of Georgia · 1921