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Nesbit v. State

141 S.E.2d 603, 111 Ga. App. 274, 1965 Ga. App. LEXIS 946
CourtCourt of Appeals of Georgia
DecidedMarch 8, 1965
Docket41186
StatusPublished

This text of 141 S.E.2d 603 (Nesbit 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
Nesbit v. State, 141 S.E.2d 603, 111 Ga. App. 274, 1965 Ga. App. LEXIS 946 (Ga. Ct. App. 1965).

Opinion

Pannell, Judge.

This case is controlled by the ruling in Pasley v. State, 215 Ga. 768 (2) (113 SE2d 454), holding that an indictment for abandonment of a minor child under Code § 74-9902, as amended by the Act of 1956 (Ga. L. 1956, p. 800), which fails to allege whether the child is legitimate or illegitimate, is subject to special demurrer pointing out such defect. The indictment in the present case, being defective for this reason, the trial court erred in overruling the demurrer thereto, and all further proceedings in the case were nugatory.

Judgment reversed.

Nichols, P. J., and Eberhardt, J., concur.

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Related

Pasley v. State
113 S.E.2d 454 (Supreme Court of Georgia, 1960)

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Bluebook (online)
141 S.E.2d 603, 111 Ga. App. 274, 1965 Ga. App. LEXIS 946, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nesbit-v-state-gactapp-1965.