Tullis v. State
Tullis v. State
Opinion of the Court
The defendant was charged with embezzlement. The indictment contained seven counts, each alleging different dates, amounts, and methods of embezzlement. Each count alleged embezzlement from the same corporation, but a separate transaction. The jury rendered a general verdict of guilty. This means guilty on each count in the indictment, and we are unable to find in the record sufficient evidence to support the 3d and 5th counts. In the case of Innes v. State, 19 Ga. App. 271, 273 (91 S. E. 339), Judge George, speaking for the court, said: “It is well settled that an indictment may in several counts charge a violation of one statute in different ways; in which event a general verdict of guilty is good, if the evidence sustains either count. On the other hand, an indictment may charge in different counts the commission of distinct offenses of similar nature; in which event a general verdict of guilty is not good, unless the evidence sustains each count.” In the light of other decisions on this subject we construe this .as holding that different counts in an indictment charging a violation of one statute may contain a different description of the same offense, the same transaction, and if the State proves that the defendant committed this particular offense in any one of the methods alleged, then a general verdict of guilty is good. But if the State alleges different transactions in different counts, then each count must be sustained by proof, in order for a general verdict Qf guilty to stand. In the case of Driver v. State, 112 Ga. 229 (37 S. E. 400), the Supreme Court said: “A general verdict of guilty upon an indictment containing three counts, the first charging the accused with keeping a gaming-house, the Sec
A general verdict of guilty means guilty under all the counts of the indictment. The counts alleging separate transactions, and the evidence failing to prove some of these transactions, the general verdict of guilty is unsupported by evidence, and the court erred in overruling the motion for a new trial.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.