Walters v. State

Paragraphs 3, 4, 8, 9, and 11 of the defendant’s demurrers of November 23, 1953, quoted above, are speaking demurrers and present no legal authority for quashing the indictment. In Cole v. State, 68 Ga. App. 179 (22 S. E. 2d 529), this court said: “A speaking demurrer is one which alleges some new matter, not disclosed by the pleading [indictment] against which the demurrer is aimed and not judicially known or legally presumed to be true. Such a demurrer presents no question for decision, and should never be sustained.” See also Arthur v. State, 146 Ga. 827 (2) (92 S. E. 637). In Jackson v.…