Couch v. State

With reference to the assignments of error on the demurrer, we think it sufficient to say only that the indictment charged that the defendant unlawfully distilled and manufactured liquor. If there be anything in the indictment which may be construed as contended by the defendant, in any of the grounds of his demurrer to the effect that the indictment alleged unlawful as well as lawful acts, the latter may be considered as mere surplusage. This view is sustained by the decision in Brown v. State, 67 Ga. App. 550 (21 S. E. 2d, 268), and cit. It must be kept in mind that the indictment alleged…