West v. State

Court of Appeals of Georgia

West v. State

50 S.E.2d 644, 78 Ga. App. 132, 1948 Ga. App. LEXIS 696

CourtCourt of Appeals of Georgia

DecidedDecember 3, 1948

Docket32167.

StatusPublished

This text of 50 S.E.2d 644 (West 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

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

Pincite

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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