Miller v. State

The indictment charged forgery, in two counts. One count was for the “making” and “signing” of a cheek in violation of the Code, § 26-3908; the other was for the “uttering” and “publishing” of the same check in violation of § 26-3910. The offenses so charged are of the same nature, differing only in degree. Therefore a general verdict of guilty, which was the one returned in the instant case, was by intendment of the law a verdict that the defendant was guilty of the highest offense charged in either of the two counts in the indictment. Hoskins v. State, 11 Ga. 92; Sutton v. State, 124 Ga.…