Kerr v. State

Supreme Court of Georgia

Kerr v. State

195 S.E. 436, 185 Ga. 499, 1938 Ga. LEXIS 461

CourtSupreme Court of Georgia

DecidedFebruary 18, 1938

DocketNo. 11982

StatusPublished

Cited by3 cases

This text of 195 S.E. 436 (Kerr v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Kerr v. State, 195 S.E. 436, 185 Ga. 499, 1938 Ga. LEXIS 461 (Ga. 1938).

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Opinion

Russell, Chief Justice.

1. In an accusation charging the defendant with unlawfully practicing law without a license, the following language: “and did in other ways and means assume to he entitled to practice law,” without setting forth any facts constituting the other ways and means, was subject to the special demurrer that said allegations are too vague and indefinite to put the defendant on notice of the nature of the charge which he was required to defend. Langston v. State, 109 Ga. 153 (35 S. E. 166, 779).

2. In view of the ruling just stated, it is unnecessary to pass upon the constitutional question raised; nor is it necessary to pass upon the [500]*500various grounds of the motion for new trial, the further proceedings being nugatory. Judgment reversed.

No. 11982. February 18, 1938. All the Justices conewr. Henry T. Chance Jr., and Boy V. Harris, for plaintiff in error. W. Inman Curry, solicitor, contra.

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Russell, Chief Justice.

1. In an accusation charging the defendant with unlawfully practicing law without a license, the following language: “and did in other ways and means assume to he entitled to practice law,” without setting forth any facts constituting the other ways and means, was subject to the special demurrer that said allegations are too vague and indefinite to put the defendant on notice of the nature of the charge which he was required to defend. Langston v. State, 109 Ga. 153 (35 S. E. 166, 779).

2. In view of the ruling just stated, it is unnecessary to pass upon the constitutional question raised; nor is it necessary to pass upon the [500]*500various grounds of the motion for new trial, the further proceedings being nugatory. Judgment reversed.

No. 11982. February 18, 1938. All the Justices conewr. Henry T. Chance Jr., and Boy V. Harris, for plaintiff in error. W. Inman Curry, solicitor, contra.

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195 S.E. 436, 185 Ga. 499, 1938 Ga. LEXIS 461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kerr-v-state-ga-1938.

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