Davis v. State, 27283.

Decision Date18 January 1939
Docket NumberNo. 27283.,27283.
PartiesDAVIS. v. STATE.
CourtGeorgia Court of Appeals

Error from Superior Court, Cobb County; J. H. Hawkins, Judge.

Lucius Davis was convicted under an indictment charging the carrying of a con-cealed pistol and carrying a pistol without a license, and he brings error.

Reversed.

Gordon B. Gann and H. B. Moss, both of Marietta, for plaintiff in error.

H. G. Vandiviere, Sol. Gen., of Canton, for the State.

Syllabus Opinion by the Court.

MacINTYRE, Judge.

It is error to refuse a new trial on an indictment containing two counts, the first charging that the defendant did carry a pistol concealed, and the second that he carried a pistol without a license, both charges growing out of the same transaction where, upon the trial, the evidence authorizes a conviction on the second count only and the verdict is a general verdict of guilty. Moore, alias Grier, v. State, 50 Ga.App. 39, 176 S.E. 899; Simmons v. State, 162 Ga. 316, 134 S.E. 54; Tooke v. State, 4 Ga.App. 495, 61 S.E. 917; Innes v. State, 19 Ga.App. 271, 91 S.E. 339.

Judgment reversed.

BROYLES, C. J., and GUERRY, J., concur.

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