Boatwright v. State
Court of Appeals of Georgia
Indictment for manufacture of liquor, etc.; from Colquitt superior court — Judge Thomas. July 29, 1920. The indictment charged Boatwright with “the offense of felony, for that the said accused, on the 20th day of June in the year 1920, . . did distill, manufacture, and make, and did unlawfully have, possess, and control, alcoholic, spirituous, vinous, malted, and mixed liquors and other beverages, a part of which was alcoholic, contrary to the laws, ” etc.
1Opinion of the CourtBloodworth, J.
The demurrer in this case alleged that the indictment contained but one count, that in that count the accused was charged with committing a felony and a misdemeanor, and that “ a felony and a misdemeanor cannot be charged in the same count in an indictment.” “Demurrer, being a critic, should itself be free from imperfection. ” This demurrer did not point out what specific felony and what specific misdemeanor was charged in the indictment; did not “put its finger on the exact point of weakness.” In Field v. State, 126 Ga. 571 (1), (55 S. E. 502), it was held: “ A demurrer to an indictment on…
2Cases cited4 opinions
- Wells v. StateSupreme Court of Georgia · 1903
- Gatlin v. StateCourt of Appeals of Georgia · 1916
- Field v. StateSupreme Court of Georgia · 1906
- Sowell v. StateSupreme Court of Georgia · 1906
3Cited by2 opinions
- Tucker v. StateCourt of Appeals of Georgia · 1998
- Arnold v. StateCourt of Appeals of Georgia · 1981