Fulford v. State
Supreme Court of Georgia
Criminal law. Indictment. Before Judge Strozer. Mitchell Superior Court. May Adjourned Term, 1873. William Fulford was placed on trial upon an indictment for the offense of an assault with intent to commit murder, alleged to have been committed upon the person of J. A. Conway, on June 23d, 1873. The indictment contained also a count charging the defendant as a principal in the second degree, as follows: “And the jurors aforesaid, upon their oaths aforesaid, in the name and…
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Criminal law. Indictment. Before Judge Strozer. Mitchell Superior Court. May Adjourned Term, 1873. William Fulford was placed on trial upon an indictment for the offense of an assault with intent to commit murder, alleged to have been committed upon the person of J. A. Conway, on June 23d, 1873. The indictment contained also a count charging the defendant as a principal in the second degree, as follows: “And the jurors aforesaid, upon their oaths aforesaid, in the name and behalf of the citizens of Georgia, further charge and accuse the said H. B. Humphries, of the county and State aforesaid,…
1Opinion of the Court
Trippe, Judge.
The indictment in this case not only charged the defendant, as principal in the second degree, in being present, aiding and abetting the chief perpetrator of the alleged offense, but proceeded further and specified the acts whereby the aiding and abetting were done. The/ prosecuting counsel, on motion, struck these descriptive averments from the indictment, over the objection of defendant.
We recognize the rule that it is not necessary to prove allegations in an indictment which are immaterial or purely surplusage. But the question is, what are immaterial averments? Or, rather,…
2Cases cited1 opinion
- United States v. KeenU.S. Circuit Court for the District of Indiana · 1839
3Cited by43 opinions
- Walker v. StateCourt of Appeals of Georgia · 1978
- Ross v. StateCourt of Appeals of Georgia · 1990
- Mitchell v. CommonwealthSupreme Court of Virginia · 1925
- Chambers v. StateSupreme Court of Georgia · 1942
- Gaines v. StateCourt of Appeals of Georgia · 1986
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