Heard v. State

61 S.E. 1055, 4 Ga. App. 572, 1908 Ga. App. LEXIS 481

• Court: Court of Appeals of Georgia
• Decided: July 25, 1908
• Docket: 1236
• Status: Published

Opinion

Powell, J.

An accusation of trespass, in which the defendant is charged with passing over the lands of another after being forbidden by the owner, in violation of the Penal Code, § 220, is insufficient to withstand a timely definite special demurrer, where the only description of the lands trespassed upon is “a certain field the cultivated land of [the prosecutor] at the time being held under a contract of purchase,” though previous statements in the accusation locate the land as being in the county of the prosecution. In such an accusation the description of the land should be definite. Brown v. State, 116 Ga. 562 (42 S. E. 795) ; O’Brien v. State, 109 Ga. 51 (35 S. E. 112); Johnson v. State, 90 Ga. 443 (16 S. E. 92); Wiggins v. State, 119 Ga. 216 (46 S. E. 86). The point in the case of Hardaway v. State, 1 Ga. App. 150 (58 S. E. 141), is not identical with the present one,, but is -cognate.

Accusation of trespass, from city court of Jefferson — Judge-Stark. May 8, 1908.

Argued June 30, Decided July 25, 1908. John B. Gamble, J. S. Ayers, for plaintiff in error. W. H. Quarterman, solicitor, Shackelford & Shackelford, contra.

Judgment reversed.