Irwin v. State
Cases that cite this one
20 later published cases cite this decision.
- State v. Grube (Ga. 2013)
- Ingram v. State (Ga. Ct. App. 1976)
- State v. OWENS (And Vice Versa) (Ga. 2021)
- State v. Grube (Ga. Ct. App. 2012)
- State v. Timothy Grube (Ga. Ct. App. 2012)
- Sellers v. State (Ga. Ct. App. 2003)
- Coalson v. State (Ga. Ct. App. 2001)
- Presley v. State (Ga. Ct. App. 2001)
- State v. Kenney (Ga. Ct. App. 1998)
- State v. Chrisopoulos (Ga. Ct. App. 1991)
- Shackelford v. State (Ga. Ct. App. 1986)
- Arrington v. State (Ga. Ct. App. 1981)
- Reeves v. State (Ga. 1975)
- Johansson v. Towson (United States District Court for the Middle District of Georgia 1959)
- Hadden v. State (Ga. 1943)
- Daniels v. State (Ga. 1924)
- Appling v. State (Ga. Ct. App. 1921)
- Dawson v. State (Ga. Ct. App. 1921)
- Finley v. State (Ga. Ct. App. 1920)
- Branch v. State of Florida (Fla. 1927)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
1. Where a demurrer to an indictment has been overruled, the bill of exceptions to such judgment must be tendered within twenty days.
2. Bor the protection of the accused it is-necessary that, in an indictment for an offense against the person of another, the person injured should be referred to by his correct name, if it be known, or by some name by which he is commonly and generally called. It follows that where the indictment names the person injured as Ed...Hightower, and the proof shows that his name is Edmund Green Hightower, and that he is known and called by the name of Green Hightower and has never been known or called by any other name, the variance is fatal. See Wharton’s Cr. Ev. § 99; 3 Gr. Ev. §22; 1 Bish. Crim. Proc. §677 ; Maxw. Crim. Proc. 66 ; Clark’s Crim. Proc. § 94 ; Lewis v. State, 90 Ga. 95. Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.