Robbins v. State

• Decision Date: 03 March 1904
• Citation: 46 S.E. 834,119 Ga. 570
• Parties: ROBBINS et al. v. STATE.
• Court: Georgia Supreme Court

46 S.E. 834

119 Ga. 570

ROBBINS et al.

v.STATE.

Supreme Court of Georgia.

March 3, 1904.

CRIMINAL LAW—ACCUSATION—NEW TRIAL.

1. The accusation stated the offense substantially in the terms and language of the Penal Code, and so plainly that the nature of the offense charged would be easily understood by the jury, and it was therefore sufficient to withstand a general demurrer.

2. The evidence not being sufficient to show the guilt of the accused beyond a reasonable doubt, a new trial should have been granted.

(Syllabus by the Court.)

Error from City Court of Savannah; T. M. Norwood, Judge.

Stephney Robbins and others were convicted of crime, and bring error. Reversed.

Robt. M. Hitch and Edmund H. Abrahams, for plaintiffs in error.

W. W. Osborne, Sol. Gen., and Garrard & Meldrim, for the State.

COBB, J. Judgment reversed. All the Justices concurring, except SIMMONS, C. J., absent on account of sickness.