Legal Opinion

Kennedy v. State

Court of Appeals of Georgia

Decided March 13, 1917No. 7951Published

Indictment for trespass; from Evans superior court—Judge Sheppard. October 9, 1916.

1Opinion of the CourtGeorge, J.

In Heard v. State, 4 Ga. App. 572 (61 S. E. 1055), it is held: “An accusation of trespass, in wbicb the defendant is charged with passing over the lands of another after being for*449bidden by the owner, in violation of tbe Penal Code, § 220 [Penal Code ox 1910, § 217], is insufficient to withstand a timely definite special demurrer, where the only description of the lands trespassed upon is ‘a certain field the cultivated land of [the prosecutor] at the tipie being held under a contract of purchase/ though previous statements in the accusation locate the land as being in the county of the…

2Cases cited2 opinions

  1. Shrouder v. StateSupreme Court of Georgia · 1905
  2. Heard v. StateCourt of Appeals of Georgia · 1908

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