Shrouder v. State
Supreme Court of Georgia
Accusation of trespass. Before Judge Henderson. City court of Vienna. November 15, 1904.
1Opinion of the CourtCobb, J.
1. The indictment was under the Penal Code, § 219, par. 3, and, in addition to charging the accused with pulling down and removing the fence of the prosecutor without his consent, alleged that this was done after the accused had been personally forbidden to do so by the prosecutor. The allegation that the accused had been forbidden by the prosecutor to pull down the fence was entirely unnecessary. It related to no element which was a necessary ingredient of the offense charged, and therefore could be properly treated as surplusage and not necessary to be proved. See 1 Bish. New Grim. Proc. §…
2Cases cited5 opinions
- Lenney v. FinleySupreme Court of Georgia · 1903
- Tigner v. StateSupreme Court of Georgia · 1903
- Whittle v. SamuelsSupreme Court of Georgia · 1875
- Wilcher v. StateSupreme Court of Georgia · 1903
- Printup, Brother & Pollard v. JamesSupreme Court of Georgia · 1885
3Cited by25 opinions
- Walker v. StateCourt of Appeals of Georgia · 1978
- Albany Phosphate Co. v. Hugger Bros.Court of Appeals of Georgia · 1908
- Cone v. StateSupreme Court of Georgia · 1937
- Johnson v. StateSupreme Court of Georgia · 1906
- Jordan v. StateSupreme Court of Georgia · 1956
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