Moore v. State

176 S.E. 899, 50 Ga. App. 39, 1934 Ga. App. LEXIS 612

Opinion

MacIntyre, J.

It is error to refuse a new trial on an indictment containing two counts, the first charging that the defendant carried a pistol concealed, and the second that he carried a pistol without a license, where upon the trial the evidence authorizes a conviction under the second count only and the verdict is a general verdict of guilty. Simmons v. State, 162 Ga. 316 (134 S. E. 54).

Judgment reversed.

Broyles, G. J., and Guerry, J., concur.