Simmons v. State

Was the indictment good as a matter of form and law as against the demurrer? During the course of the argument on the demurrer, counsel for the defendant called upon the State to elect under which Code section it would proceed and ask for a conviction. The State elected to proceed and did proceed, under the provisions of the Code, § 26-2803. It is contended in the demurrer that two counts were wrongfully joined in the indictment. It was early decided in Jackson v. State, 76 Ga. 551 (13-d), that where there was a continuous series of conversions of property of the owner entrusted to the…