Rutherford v. State

Bell, Justice.

The first question is answered in the negative. In Holland v. State, 8 Ga. App. 202 (68 S. E. 861), it was *302held that an indictment in the language of the definition of robbery as given in the Code is not subject to demurrer upon the ground that it does not allege an intent to steal, such intent being implied by the word “ fraudulent” as used in the statute. Code, § 26-2501. A similar ruling was made in Lacey v. State, 44 Ga. App. 791 (163 S. E. 292), where it was pointed out that the statement to the contrary in Sledge v. State, 99 Ga. 684 (2) (26 S. E. 756), was obiter dictum,…