Perry v. State

Deen, Judge.

1. It has uniformly been held in this State that in a multi-count indictment the fact that one or more of the counts is bad against demurrer will not result in the sustaining of a general demurrer or motion to quash the whole indictment, but the defendant may be put on trial on the count or counts which are good. Martin v. State, 10 Ga. App. 795 (74 SE 304). Likewise, where a multi-count indictment is subject to demurrer because it joins offenses of a different nature or degree, the State may cure the defect by entering a nolle prosequi as to certain counts and this “leaves the…