Persons v. State

1. The court did not err in denying the motion to dismiss count 2 of the indictment. See Holloway v. State, 90 Ga. App. 86 (82 S. E. 2d 235).

2. There is ample evidence to support the verdict. See Holloway v. State, supra.

3. We will take up the special grounds in their order.(a) Special ground 1 assigns error because the court refused a written request to charge Code § 26-1102. The court did not err in this respect for the reasons that the Code section to which reference is made could only apply where the facts showed that the crime was committed in the performance of a legal act without due…