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West v. State

50 S.E.2d 644, 78 Ga. App. 132, 1948 Ga. App. LEXIS 696
Court of Appeals of Georgia·Decided December 3, 1948·No. 32167.·Published

Opinion

MacIntyre, P. J.

1. The ground of the defendant’s demurrer .to the indictment was that an indictment under Code § 26-1602 must allege, not only that the carrying away was done against the will of the parents, but also that it was done without the consent of the parents.

The crime here in question could have been committed in either way • — ■ that is¿' by carrying the child away against the | will of the parents, or by carrying the child away without the 1 consent of the parents. The indictment, having alleged one , of the manners in which the crime may be committed, was good •against the demurrer on this ground. Cody v. State, 118 Ga. 784 (45 S. E. 622); Dowda v. State, 74 Ga. 12; Earnest v. State , 60 Ga. App. 608 (4 S. E. 2d, 503).

2. The evidence authorized the verdict, and the trial court ' did not err in overruling the motion for a new trial.

Judgment affirmed.

Gardner and Townsend, JJ., concur.

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West v. State, 50 S.E.2d 644, 78 Ga. App. 132, 1948 Ga. App. LEXIS 696 (Ga. Ct. App. 1948).

50 S.E.2d 644 (West v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Dowda v. State
74 Ga. 12 (Supreme Court of Georgia, 1885)
Cody v. State
45 S.E. 622 (Supreme Court of Georgia, 1903)
Earnest v. State
4 S.E.2d 503 (Court of Appeals of Georgia, 1939)