Darley v. State

Nichols, Presiding Judge.

The gist of the defendants’ demurrers is that the indictment fails to negative the many exceptions in such Act. Under decisions exemplified by Dukes v. State, 9 Ga. App. 537 (2) (71 SE 921); Holloway v. State, 90 Ga. App. 86 (1) (82 SE2d 235); Rumph v. State, 119 Ga. 121, 123 (45 SE 1002); and Elkins v. State, 13 Ga. 435, where exceptions to the operation of a penal Act are stated in the enacting clause it is necessary to negative them in an indictment or accusation, in order that the descriptions of the crime may, in all respects, correspond with the statute. In…