Hixon v. State

Court of Appeals of Georgia

Hixon v. State

133 S.E. 285, 35 Ga. App. 392, 1926 Ga. App. LEXIS 383

CourtCourt of Appeals of Georgia

DecidedMay 12, 1926

Docket17235

StatusPublished

Cited by3 cases

This text of 133 S.E. 285 (Hixon 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

Hixon v. State, 133 S.E. 285, 35 Ga. App. 392, 1926 Ga. App. LEXIS 383 (Ga. Ct. App. 1926).

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Opinion

Luke, J.

To charge one, in the body of an indictment, with having committed a felony, and describe the crime as follows: “for that the said Walter Hixon, on the 5th day of November in the year 1935, in the county aforesaid, did then and there unlawfully and with force and arms wrongfully and fraudulently take and carry away, with intent to steal the same, one white and black spotted sow hog, of the value of thirty dollars, and of the personal goods of R. H. Roughton,” will not render the indictment defective because the crime is designated “felony” instead of “hog stealing;” it is not the name, but the description of the crime, which characterizes the offense charged. See Lipham v. State, 125 Ga. 52 (2) (53 S. E. 817, 5 Ann. Cas. 66). Neither is such an indictment,subject to demurrer upon the ground that the description of the animal alleged to have been stolen is insufficient. See Garrett v. State, 21 Ga. App. 801 (95 S. E. 301), and cit. The court properly overruled the demurrer to the indictment.

Judgment affirmed.

Broyles, C. J., and Bloodworth, J., concur.

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Luke, J.

To charge one, in the body of an indictment, with having committed a felony, and describe the crime as follows: “for that the said Walter Hixon, on the 5th day of November in the year 1935, in the county aforesaid, did then and there unlawfully and with force and arms wrongfully and fraudulently take and carry away, with intent to steal the same, one white and black spotted sow hog, of the value of thirty dollars, and of the personal goods of R. H. Roughton,” will not render the indictment defective because the crime is designated “felony” instead of “hog stealing;” it is not the name, but the description of the crime, which characterizes the offense charged. See Lipham v. State, 125 Ga. 52 (2) (53 S. E. 817, 5 Ann. Cas. 66). Neither is such an indictment,subject to demurrer upon the ground that the description of the animal alleged to have been stolen is insufficient. See Garrett v. State, 21 Ga. App. 801 (95 S. E. 301), and cit. The court properly overruled the demurrer to the indictment.

Judgment affirmed.

Broyles, C. J., and Bloodworth, J., concur.

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133 S.E. 285, 35 Ga. App. 392, 1926 Ga. App. LEXIS 383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hixon-v-state-gactapp-1926.

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