Legal Opinion

Smallwood v. State

Court of Appeals of Georgia

Decided October 11, 1966No. 42342PublishedCited by 4 opinions

1Opinion of the Court

Nichols, Presiding Judge.

“ ‘Verbal absurdities will not render an indictment or other pleadings subject to demurrer, where the language, taken as a whole, nevertheless clearly, adequately, and definitely charges a crime.’ Mixon v. State, 7 Ga. App. 805, 806 (68 SE 315).” Middlebrooks v. State, 107 Ga. App. 587 (1) (130 SE2d 798). The defendant was charged with possessing nontax-paid liquor and under the decisions in Jenkins v. State, 93 Ga. App. 360, 363 (92 SE2d 43) and Martin v. State, 96 Ga. App. 557 (100 SE2d 645), the trial court did not err in overruling the defendant’s demurrers to the…

2Cases cited6 opinions

  1. Phillips v. StateSupreme Court of Georgia · 1950
  2. Mixon v. StateCourt of Appeals of Georgia · 1910
  3. Jenkins v. StateCourt of Appeals of Georgia · 1956
  4. Martin v. StateCourt of Appeals of Georgia · 1957
  5. Middlebrooks v. StateCourt of Appeals of Georgia · 1963

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. McGuire v. StateSupreme Court of Georgia · 1977
  2. State v. LutzNew Jersey Superior Court Appellate Division · 1979
  3. McGuire v. StateSupreme Court of Georgia · 1977
  4. Webster v. StateCourt of Appeals of Georgia · 1988

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