Spencer v. State
| Decision Date | 13 June 1905 |
| Citation | 51 S.E. 294,123 Ga. 133 |
| Parties | SPENCER. v. STATE. |
| Court | Georgia Supreme Court |
While an indictment which charges that an offense was committed on a day subsequent to the finding of the bill is open to special demurrer before pleading to the merits, the defect in the indictment cannot be taken advantage of after verdict. Adkins v. State, 29 S. E. 432, 103 Ga. 5, and cases cited.
[Ed. Note.—For cases in point, see vol. 27, Cent. Dig. Indictment and Information, § 647.]
Though the evidence upon which the state relied for a conviction was not altogether satisfactory, it was sufficient to authorize the jury to find the accused guilty of the offense with which he was charged.
(Syllabus by the Court.)
Error from City Court of La Grange; Prank Harwell, Judge.
Grant Spencer was convicted of crime, and brings error. Affirmed.
E. T. Moon, for plaintiff in error.
Henry Reeves, for the State.
EVANS, J. Judgment affirmed. All the Justices concur, except SIMMONS, C. J., absent.
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Brown v. State, 33089
...91, 95, 76 S.E. 762; or where a date subsequent to the indictment, presentment, accusation, or affidavit is alleged, Spencer v. State, 123 Ga. 133, 51 S.E. 294; Newsome v. State, 2 Ga.App. 392, 58 S.E. 672; Grimes v. State, 32 Ga.App. 541, 123 S.E. 918; Adkins v. State, 103 Ga. 5, 29 S.E. 4......
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Newsome v. State
...Ga. 391, Harris v. State, 58 Ga. 333, Johnson v. State, 90 Ga. 444, 16 S. E. 92, Adkins v. State, 103 Ga. 5, 29 S. E. 432, Spencer v. State, 123 Ga. 133, 51 S. E. 294, and other similar cases. If the decision in Adkins v. State, supra, were the last utterance of our Supreme Court upon the p......