Supreme Court of Georgia, 1905

Spencer v. State

Spencer v. State
Supreme Court of Georgia · Decided June 13, 1905 · Evans
123 Ga. 133; 51 S.E. 294; 1905 Ga. LEXIS 397

Spencer v. State

Opinion of the Court

Evans, J.

1. 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 can not be taken advantage of after verdict. Adkins v. State, 103 Ga. 5, and cases cited.

2. 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.

Judgment affirmed.

All the Justices concur, except Simmons, O. J., absent.

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