Oglesby v. State
| Citation | 123 Ga. 506,51 S.E. 505 |
| Court | Supreme Court of Georgia |
| Decision Date | 17 July 1905 |
| Parties | OGLESBY. v. STATE. |
An accusation framed under Act Aug. 15, 1903 (Acts 1903, p. 90), and charging that the accused fraudulently procured from the prosecutor "the sum of forty & 57/100 dollars, or the value thereof, " was subject to special demurrer, on the ground that it did not "set out what property or other thing of value defendant procured, " and was "too vague and indefinite to specifically inform defendant of the nature of the offense" charged. See Henderson v. State, 39 S. E. 446, 113 Ga. 1148.
Such accusation being fatally defective, and the trial court having erred in overruling the special demurrer thereto, the Supreme Court will not, in such a case, pass on the constitutionality of the act of the General Assembly upon which the accusation was based. See Armstrong v. Jones, 34 Ga. 309 (3).
(Syllabus by the Court.)
Error from City Court of Elberton; P. P. Proffitt, Judge.
Nathan Oglesby was convicted of obtaining money by false pretenses, and brings error. Reversed.
W. D. Tutt, Jr., for plaintiff in error.
Thos. J. Brown, Sol., for the State.
FISH, P. J. Judgment reversed. All concur, except SIMMONS, C. J., absent on account of sickness.
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Goddard v. State, (No. 12350.)
... ... An allegation of the kind involved here might be sufficient in an indictment, where no right of amendment is permitted. See Brand v. State, 112 Ga. 25, 37 S. E. 100, and citations. The Oglesby Case, supra [123 Ga. 506], however, is clear authority for the proposition that such an allegation is not sufficient in an accusation like the one before us." 2. The error in overruling the demurrer rendered the further proceedings in the case nugatory.Judgment reversed.LUKE, J., ... ...
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Goddard v. State
... ... make his allegations definite and specific. An allegation of ... the kind involved here might be sufficient in an indictment, ... where no right of amendment is permitted. See Brand v ... State, 112 Ga. 25, 37 S.E. 100, and citations. The ... Oglesby" Case, supra [123 Ga. 506], however, is clear ... authority for the proposition that such an allegation is not ... sufficient in an accusation like the one before us.\" ... 2. The error in overruling the demurrer rendered ... the further proceedings in the case nugatory ... \xC2" ... ...
- Oglesby v. State