Johnson v. State

Court of Appeals of Georgia

Johnson v. State

85 S.E. 81, 16 Ga. App. 233, 1915 Ga. App. LEXIS 558

CourtCourt of Appeals of Georgia

DecidedMay 3, 1915

Docket5789

StatusPublished

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Bluebook

Johnson v. State, 85 S.E. 81, 16 Ga. App. 233, 1915 Ga. App. LEXIS 558 (Ga. Ct. App. 1915).

Pincite

Opinion

Russell, C. J.

1. No reference being made in the brief of the plaintiff in error to the exception taken to the overruling of the demurrer attacking the sufficiency of the indictment, that exception will be treated as abandoned.

2. Under a ruling by a majority of the court in Paulk v. State, 5 Ga. App. 573 (63 S. E. 659), there is material variation in the allegations of the indictment and the proof offered in support thereof.

3. The instruction to which exception is taken, when considered in connection with the charge of the court as a whole, is not materially erroneous.

4. There was sufficient evidence upon which to base a verdict of guilty; and this verdict, having the approval of the trial judge, will not be disturbed. Judgment affirmed.

Broyles, J., not presiding.

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