Cooks v. State
325 Ga. App. 426
Ga. Ct. App.2013Background
- Cooks was convicted of robbery after a jury trial and appeals the trial court’s overruling of his general demurrer to the indictment.
- The indictment charged robbery with intent to commit theft, taking currency from the presence of Tom Pool by force, but did not allege that the property taken belonged to another person.
- Cooks argued the indictment failed to allege the essential element that the property was that of another.
- The trial court ruled the demurrer untimely, but the State concedes timing was not proper ground for the ruling.
- The Court of Appeals held the general demurrer was timely and that the indictment failed to allege the property-for-another element, causing voidness of the indictment and reversal.
- The decision urges the State to ensure future indictments include all essential elements and clear references to the crime charged.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the indictment adequately alleges property of another. | Cooks—indictment lacks 'property of another' element. | State—indictment sufficient to notify charged conduct. | Indictment void; demurrer error; reversal of conviction. |
Key Cases Cited
- Brown v. State, 322 Ga. App. 446 (2013) (indictment must allege every essential element; can convict only if defendant would be guilty on admission of all facts.)
- Smith v. Hardrick, 266 Ga. 54 (1995) (indictment must recite essential elements; otherwise void.)
- Borders v. State, 270 Ga. 804 (1999) (indictment void if it fails to charge a necessary element.)
- Collis v. State, 252 Ga. App. 659 (2001) (robbery indictments must allege property of another; UPS vehicle example sufficed.)
- Thomas v. State, 314 Ga. App. 124 (2012) (robbery indictments can state property taken from victims even if not owners.)
- Henley v. State, 317 Ga. App. 776 (2012) (indictment description governs, not necessarily the cited statute.)
- Morris v. State, 310 Ga. App. 126 (2011) (description of crime in indictment governs sufficiency.)
- Stinson v. State, 279 Ga. 177 (2005) (conviction void if accused can admit charges yet not be guilty.)
- Spence v. State, 263 Ga. App. 25 (2003) (reversing where indictment failed to include essential elements.)
- Bryant v. State, 320 Ga. App. 838 (2013) (timeliness of general demurrer; may be raised before trial.)
- Kain v. State, 287 Ga. App. 45 (2007) (general demurrer timely at trial.)
- Ross v. State, 235 Ga. App. 7 (1998) (general demurrer raised at close of evidence timely.)
- Wilson v. State, 318 Ga. App. 88 (2012) (indictment for aggravated offense can withstand demurrer if it charges lesser included offense.)