Quattlebaum v. State

Court of Appeals of Georgia

Quattlebaum v. State

122 S.E. 637, 32 Ga. App. 68, 1924 Ga. App. LEXIS 261

CourtCourt of Appeals of Georgia

DecidedApril 16, 1924

Docket15299

StatusPublished

Cited by1 cases

This text of 122 S.E. 637 (Quattlebaum 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

Quattlebaum v. State, 122 S.E. 637, 32 Ga. App. 68, 1924 Ga. App. LEXIS 261 (Ga. Ct. App. 1924).

Pincite

Opinion

Luke, J.

1. A ruling ón a demurrer cannot properly be made a ground of a motion for a new trial. Park's Penal Code, § 1096, annotations under catchword “Demurrer.”

2. In the trial of an indictment for arson the conduct of the accused shortly before and leading up to the alleged burning is a proper matter of inquiry.

3. Where an indictment for arson charges the accused with “wilfully, maliciously, and purposely” setting fire to and burning a described building, it is not erroneous for the court, in charging the jury, to define the offense in the language of the statute, treating as surplusage the word “purposely,” used in the indictment.

[69]*69Decided April 16, 1924. Deal & Renfroe, for plaintiff in error. A. S. Anderson, solicitor-general, contra.

4. The evidence authorized the verdict, and for no reason assigned was the judgment overruling the defendant’s motion for a new trial erroneous.

Judgment affirmed.

Broyles, G. J., and Bloodworih, J., concur.

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