Schuman v. State

Hunt, Chief Justice.

We granted certiorari to the Court of Appeals in State v. Schuman, 212 Ga. App. 231 (441 SE2d 466) (1994) to determine whether the Court of Appeals erred in reversing the trial court’s pretrial dismissal of the indictment charging Schuman with theft by deception and theft by taking. We hold that the Court of Appeals did so err, and reverse and remand.

The Court of Appeals correctly noted that Schuman’s motion to dismiss the indictment was a “speaking demurrer,” which added facts not appearing on the face of the indictment. See Ga. Crim. Trial Practice (1993 ed.), § 14-20.…