Ligon v. State
| Decision Date | 11 May 1920 |
| Docket Number | 11344. |
| Citation | 103 S.E. 189,25 Ga.App. 306 |
| Parties | LIGON v. STATE. |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
An indictment for an attempt to commit a crime must aver the intent and the overt act which constitutes the attempt. Wilburn v. State, 22 Ga.App. 614, 97 S.E. 87, and citations.
An indictment which charges the offense of an attempt to commit burglary, and which further alleges merely that the accused, "in the county of Fulton and state of Georgia, on the 11th day of January, 1920, with force and arms, did attempt to break and enter the dwelling house of M. J. Sewell, where valuable goods were contained, with intent to steal, contrary to the laws of said state and the good order, peace, and dignity thereof," is fatally defective in substance in not alleging any overt act; and the defect is not waived by failure to demur. O'Brien v. State, 109 Ga. 51, 35 S.E. 112; United States v. Ford (D. C.) 34 F. 26; Wilburn v. State, supra.
Under the above rulings, the court erred in overruling the motion in arrest of judgment.
Error from Superior Court, Fulton County; John D. Humphries, Judge.
T. H. Ligon was convicted of an attempt to commit burglary, his motion in arrest of judgment was denied, and he brings error. Reversed.
D. H. McWilliam, of Atlanta, for plaintiff in error.
John A. Boykin, Sol. Gen., and E. A. Stephens, both of Atlanta, for the State.
Judgment reversed.
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