Henderson v. State

Court of Appeals of Georgia

Henderson v. State

100 S.E. 731, 24 Ga. App. 353, 1919 Ga. App. LEXIS 651

CourtCourt of Appeals of Georgia

DecidedNovember 4, 1919

Docket10859

StatusPublished

This text of 100 S.E. 731 (Henderson v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Henderson v. State, 100 S.E. 731, 24 Ga. App. 353, 1919 Ga. App. LEXIS 651 (Ga. Ct. App. 1919).

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Opinion

Luke, J.

An indictment, drawn under section 193 of the Penal Code (1910), -which alleges that the defendant’ was entrusted with promissory notes for stated sums of money, for the purpose of collecting the money which was due thereon, is subject to special demurrer, where there is no allegation that the notes were of value. See Davis v. State, 40 Oa. 229. The court erred in overruling the demurrer which attacked the indictment for insufficiency in failing to allege that the notes were solvent or of any value.

Judgment reversed.

Broyles, O. J., and Bloodioorth, J., concur. M. B. Eubanks, for plaintiff in error. O. II. Porter, solicitor-general, contra.

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Luke, J.

An indictment, drawn under section 193 of the Penal Code (1910), -which alleges that the defendant’ was entrusted with promissory notes for stated sums of money, for the purpose of collecting the money which was due thereon, is subject to special demurrer, where there is no allegation that the notes were of value. See Davis v. State, 40 Oa. 229. The court erred in overruling the demurrer which attacked the indictment for insufficiency in failing to allege that the notes were solvent or of any value.

Judgment reversed.

Broyles, O. J., and Bloodioorth, J., concur. M. B. Eubanks, for plaintiff in error. O. II. Porter, solicitor-general, contra.

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Bluebook (online)

100 S.E. 731, 24 Ga. App. 353, 1919 Ga. App. LEXIS 651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henderson-v-state-gactapp-1919.