Moore v. State

Court of Appeals of Georgia

Moore v. State

117 S.E. 472, 30 Ga. App. 128, 1923 Ga. App. LEXIS 304

CourtCourt of Appeals of Georgia

DecidedApril 10, 1923

Docket14236

StatusPublished

Cited by1 cases

This text of 117 S.E. 472 (Moore 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

Moore v. State, 117 S.E. 472, 30 Ga. App. 128, 1923 Ga. App. LEXIS 304 (Ga. Ct. App. 1923).

Pincite

Opinion

Broyles, C. J.

1. The indictment was not subject to any ground of the demurrer.

2. Neither excerpt from the charge of the court, complained of in the amendment to the motion for a new trial, was error.

3. The indictment alleged that the accused embezzled a certain amount of money belonging to the “ Atlanta Mutual Insurance Company, a corporation.” The name “ Atlanta Mutual Insurance Company ” imports a corporation, and the allegation that the company was a corporation was surplusage, and it was not necessary for the State to prove it. Crawford v. State, 68 Ga. 822, and authorities cited; Moore v. State, 27 Ga. App. 781 (2) (110 S. E. 55).

4. The verdict was amply authorized, if not demanded, by the evidence, and the court did not err in refusing to grant a new trial.

Judgment affirmed.

Lulce and Bloodworth, J.J., concur. Mozley & Gann, H. B. Moss, for plaintiff in error.

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