Gower v. State
| Decision Date | 19 May 1944 |
| Docket Number | 30367. |
| Citation | 30 S.E.2d 298,71 Ga.App. 127 |
| Parties | GOWER v. STATE. |
| Court | Georgia Court of Appeals |
H A. Allen and Gertrude Harris, both of Atlanta, for plaintiff in error.
John A. Boykin, Sol. Gen., Durwood T. Pye, and Lindley W. Camp Sol., all of Atlanta, for defendant in error.
1. The Code, § 27-1501, provides that Gilmore v. State, 118 Ga. 299, 45 S.E. 226, 227. Under this rule, the only demurrer or motion to quash the accusation, which we can consider under the record, as it appears in this court, is a motion to quash the accusation in the nature of a general demurrer, on the ground "that the allegations therein made do not charge any criminal offense against the defendant named in the indictment." The Code, § 26-6201, provides: "Whoever shall solicit another for the purpose of prostitution or shall solicit for a prostitute, or who shall offer to procure a prostitute for another, or shall, with knowledge or good reason to know of the immoral purpose of such directing, taking or transporting, direct or assist in directing, or shall take or transport, assist in taking or transporting, or offer or agree to take or transport, on foot, or by automobile, or any other means, any person to any house of ill fame, hotel, rooming house, apartment, room, park, field or woods, or any other place whatsoever, for the purpose of lewdness, assignation, or prostitution, shall be guilty of a misdemeanor." The accusation charges that the defendant "did solicit another for the purpose of prostitution [did solicit] for a prostitute, and did offer to procure a prostitute for another, with knowledge and good reason to know of the immoral purpose of such direction, for the purpose of lewdness." (Brackets ours.) The true test of the sufficiency of an indictment to withstand a general demurrer is laid down by Judge Bleckley in the case of Newman v. State, 63 Ga. 533, 534, as follows: "If all the facts which the indictment charges can be admitted, and still the accused be innocent, the indictment is bad; but if, taking the facts alleged as premises, the guilt of the accused follows as a legal conclusion, the indictment is good." Ebling v. State, 49 Ga.App. 220, 221, 174 S.E. 739. Can the defendant admit the charges as here made and still be innocent? To ask this question in regard to the accusation in this case is to answer it in the negative. Hall v. State, 47 Ga.App. 833, 834, 171 S.E. 727.
The offense charged is statutory. The acts alleged in the accusation are fully within the statutory description in the substantial words of the statute. The indictment charges every essential substantial element of the offense alleged to have been committed. It alleges that the defendant did all those acts, which, if done, the statute says is a crime. We do not think that the defendant can admit all of the facts charged in the accusation and still be innocent. We, therefore, hold that the general demurrer to the accusation is not meritorious. Youmans v. State, 7 Ga.App. 101(4), 66 S.E. 383...
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Harris v. State
...facts as alleged in the indictment, the guilt of the accused follows as a legal conclusion, the indictment is good. Gower v. State, 71 Ga.App. 127, 128, 30 S.E.2d 298 (1944). In the case at bar, even if a general demurrer had been filed, there would be no error in denying it, as Harris coul......
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Hassell v. State
...alleged as premises, the guilt of the accused follows as a legal conclusion, the indictment is good." ' [Cit.]" Gower v. State, 71 Ga.App. 127, 128(1), 30 S.E.2d 298 (1944). See Drewry v. State, 201 Ga.App. 674(1a), 411 S.E.2d 898 The accusation, taken as a whole, was sufficient. Reed, supr......
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Flournoy v. State, 39577
...is violated will support a conviction.' Barbour v. State, 21 Ga.App. 243, 94 S.E. 272, and cases therein cited. See Gower v. State, 71 Ga.App. 127, 30 S.E.2d 298; Cody v. State, 118 Ga. 784, 45 S.E. 622; Brazil v. State, 117 Ga. 32, 43 S.E. 460; Lepinsky v. State, 7 Ga.App. 285, 66 S.E. The......
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Price v. State
...Ga.App. 371(2), 69 S.E. 29.' The grounds of the demurrer are the same as were urged in the case of Gower v. State. 71 Ga.App. 127(1, 2), 30 S.E.2d 298. The decision in that case adverse to the contentions of the attorneys for the defendant. 3. It is further contended that it is not within t......