State v. Grube, 315 Ga. App. 885

Grube indicted for attempted child molestation, attempted aggravated child molestation, and computer pornography.
The trial court quashed the first indictment for failing to name the alleged victim, prompting a reindictment identifying the victim as “Tiffany.”
Grube filed a special demurrer seeking dismissal of the second indictment for inadequate victim identification; the trial court granted the demurrer and dismissed the indictment.
State appeals, arguing the demurrer was improper as a speaking demurrer and that Tiffany identification suffices; reviewing de novo, the court agrees the indictment was not perfect in form and substance.
Court cites Dennard and related authorities to require proper victim identification in offenses against a person; nonetheless, case law distinguishes between crimes against a person and society, ultimately affirming dismissal of the indictment for failure to perfect the victim identification.
Judgment affirmed that the indictment was not in perfect form; no reversal at this stage of proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether victim identification is required in the indictment	Grube (Dennard rule requires victim identified	Grube maintains Tiffany identification suffices	Inadequate; Dennard applies; dismissal affirmed
Whether Tiffany as victim name satisfies Dennard's standard	Tiffany adequately identifies the victim	Identification by name alone is insufficient	Insufficient; indictment not perfect under Dennard
Whether the demurrer was proper as hearing on matters outside the indictment	Demurrer allowed due to undisclosed facts	Speaking demurrer improper	Properly treated as valid; trial court did not err
Whether the charges are crimes against a specific person requiring victim identity	Offenses target a person; victim must be named	Offenses are societal wrongdoing; victim name not needed	Victim identification required; Dennard controls

Dennard v. State, 243 Ga. App. 868 (Ga. App. 2000) (victim must be identified in indictments for certain offenses against a person)
English v. State, 276 Ga. 343 (Ga. 2003) (classic rule on sufficiency of indictment to apprise defendant of charges)
Sellers v. State, 263 Ga. App. 144 (Ga. App. 2003) (indictment must identify the victim; initials insufficient)
State v. Corhen, 306 Ga. App. 495 (Ga. App. 2010) (de novo review standard for special demurrers before trial)
State v. Givens, 211 Ga. App. 71 (Ga. App. 1993) (speaking demurrer inapplicable when based on undisclosed new matter)