Owens v. State

1. In this State a motion to quash an indictment is essentially the same as a demurrer thereto. Tate v. State, 24 Ga. App. 279 (100 S. E. 765); Thomasson v. State, 22 Ga. 499; Golden v. State, 45 Ga. App. 501 (165 S. E. 299). Therefore it is not a proper method to attack an indictment for any defect which would not be cause for motion in arrest of judgment (Gilmore v. State, 118 Ga. 299, 45 S. E. 226); that is, for any defect not appearing on the face of the indictment.

2. In the present case the defendant filed a “motion to quash the indictment,” on the ground that it had been materially…