Legal Opinion

Dowda v. State

Supreme Court of Georgia

Decided January 21, 1885PublishedCited by 16 opinions

Laws. Criminal Law. Kidnapping. Indictment. Evidence. Practice in Superior Court. Before Judge Hammond. DeKalb Superior Court. March Term, 1884. Dowda was indicted for kidnapping.

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Laws. Criminal Law. Kidnapping. Indictment. Evidence. Practice in Superior Court. Before Judge Hammond. DeKalb Superior Court. March Term, 1884. Dowda was indicted for kidnapping. The body of the indictment was as follows : “Said Dowda .... did maliciously and fraudulently lead, take, carry away, decoy, entice away one Sarah Frances Ragsdale, she being a child under eighteen years of age, from her parents, J. 0. Ragsdale and Minerva Ragsdale, against their wills and without their consent, contrary to the laws of said state,” etc. Defendant demurred to the indictment on the following grounds:…

1Opinion of the Court

Blanddord, Justice.

1. The plaintiff in error was indicted, under section 4368 of the Code, for the offense of kidnapping; the defendant demurred to the indictment, and moved to quash the same *15upon the ground that the a'ct passed September 28,1881, amending section 4368 of the Code of 1873, and an act passed February 28,1876, amendatory thereof, is void, in this, that said act states the number of the section to be amended, but, by inadvertence or accident, refers to the law of kidnapping, instead of the law of inveigling children; and because the indictment is not sufficiently full to put the…

2Cited by16 opinions

  1. Thalheim v. StateSupreme Court of Florida · 1896
  2. Humphrey v. StateSupreme Court of Georgia · 1974
  3. State v. BarrickWest Virginia Supreme Court · 1906
  4. Saunders v. StateCourt of Appeals of Georgia · 1931
  5. Arrington v. StateCourt of Appeals of Georgia · 1907

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