Legal Opinion

The State v. Wright

Court of Appeals of Georgia

Decided July 13, 2015No. A15A0653PublishedCited by 5 opinions

1Opinion of the Court

McFadden, Judge.

The state appeals from the trial court’s grant of a general demurrer against an indictment’s count alleging that Tommy Lugene Wright committed the offense of possession of a controlled substance in violation of OCGA § 16-13-30 (a). We affirm, because the indictment does not identify a substance listed as a controlled substance under the statute.

“A general demurrer challenges the sufficiency of the substance of the indictment[.]” Bryant v. State, 320 Ga. App. 838, 841 (3) (740 SE2d 772) (2013) (citation omitted). “An indictment shall be deemed sufficiently technical and correct…

Also in this document: Concurrence.

2Cases cited5 opinions

  1. State v. CorhenCourt of Appeals of Georgia · 2010
  2. Bryant v. StateCourt of Appeals of Georgia · 2013
  3. Tibbs v. StateCourt of Appeals of Georgia · 1993
  4. Nixdorf v. StateSupreme Court of Georgia · 1970
  5. State v. McDowellCourt of Appeals of Georgia · 2009

3Cited by5 opinions

  1. Jackson v. StateSupreme Court of Georgia · 2017
  2. Strickland v. StateCourt of Appeals of Georgia · 2019
  3. Antonio Strickland v. StateCourt of Appeals of Georgia · 2019
  4. Jackson v. StateSupreme Court of Georgia · 2017
  5. Zachariah Micahel Paukan v. State of AlaskaCourt of Appeals of Alaska · 2023

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