Jordan v. State
Jordan v. State
Opinion of the Court
1. Repeals by implication are not favored, and a later statute will not be construed to repeal a prior Act relating to the same subject matter where there is no
2. The second count of the indictment sufficiently alleged a violation of § 1 (a) of the Act of 1961, supra. No attack was made upon the Act but only upon the language of the accusation which was much more detailed than the Act, and the accusation of the second count was sufficient in particulars and so plain that the defendant could, without difficulty, know what was the charge against him within the rulings in Burbank v. State, 22 Ga. App. 646, 647 (96 SE 1043), and Locke v. State, 3 Ga. 534, 540.
3. The failure to charge the jury specifically that the plea of not guilty on the accusation and the charges in the accusation formed the issue for them to try, if error, was not harmful to the defendant in view of the charge as a whole. There could be no question in the minds of the jurors that the defendant was being charged with a violation of certain State laws and that he had pleaded not guilty thereto, where the trial judge in his charge to the jury instructs them that the defendant is on trial charged with certain offenses and that
4. Where the defendant was accused of, and was tried for, two offenses involving the operation of a motorboat on public waters and upon the trial the defendant denied he was operating the boat at the time when there was proof of one offense, and admits the operation of the boat at a time when there was proof of the other offense, there was no error in failing to charge the jury that the defendant contended he was not operating the boat “at the time of the offense set forth in the accusation.”
5. The other enumeration of errors on the giving of various charges by the trial judge are without merit as they show no reversible error. The evidence was sufficient to authorize the conviction on both counts.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.