Legal Opinion

Holtzendorf v. State

Court of Appeals of Georgia

Decided July 14, 1978No. 56194PublishedCited by 7 opinions

1Opinion of the Court

Deen, Presiding Judge.

1. Where an indictment is drawn in two or more counts, a count otherwise complete but by inadvertence not numbered is not invalid. Lee v. State, 81 Ga. App. 829, 831 (60 SE2d 177) (1950). The rule of law that each count must be complete within itself and contain every allegation essential to constitute the crime applies to the offense rather than the form. Shuman v. State, 82 Ga. App. 294, 296 (60 SE2d 517) (1950).

2. The defendant was found guilty of two counts of the indictment: carrying a concealed weapon and carrying a pistol without a license. As to the latter…

2Cases cited3 opinions

  1. Ridley v. StateSupreme Court of Georgia · 1976
  2. Lee v. StateCourt of Appeals of Georgia · 1950
  3. Shuman v. StateCourt of Appeals of Georgia · 1950

3Cited by7 opinions

  1. Staples v. StateCourt of Appeals of Georgia · 1991
  2. McCroy v. StateCourt of Appeals of Georgia · 1980
  3. Goss v. StateCourt of Appeals of Georgia · 1983
  4. Gainer v. StateCourt of Appeals of Georgia · 1985
  5. J. E. T. v. StateCourt of Appeals of Georgia · 1979

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