Simmons v. State

Gilbert and Hines, JJ.,

dissenting. In Parham v. State, 3 Ga. App. 468 (2) (60 S. E. 123), it was said: “Where an indictment charges one offense committed in different ways, in several counts, a conviction on one or more of the counts, supported by sufficient legal proof, will be upheld. A proper conviction on one count will not be set aside because of an unwarranted conviction on another count. The verdict on the latter can not harm the defendant; for the punishment is the same whether the conviction is sustained on one count or on more than one count.” That was a prosecution for perjury. In…