State v. Horsley
310 Ga. App. 324
| Ga. Ct. App. | 2011Background
- Horsley and O'Toole were jointly indicted for terroristic threats; Horsley also faced a second terroristic threats count and a criminal defamation count which the State later nolle prossequied.
- The trial court sustained a general demurrer to the two terroristic threats counts.
- The State appealed, arguing the indictment sufficiently tracked the statute and alleged a crime by taking the facts as true.
- The defendants argued for Supreme Court transfer alleging constitutional challenges to the statute.
- The trial court’s decision rested on extrinsic matters not on the face of the indictment, which appeals correct as improper.
- Judgment reversed with respect to the demurrer analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction over constitutional challenge to statute | Horsley and O'Toole assert Supreme Court review. | Court of Appeals should transfer for constitutional ruling. | Jurisdiction proper in this court. |
| Indictment sufficiency under general demurrer | Indictment tracks statute language and charges elements. | Demurrer valid if facts admitted show no crime. | Indictment sufficient to withstand demurrer. |
| Effect of extrinsic facts on demurrer | Placard or underlying facts are not needed to charge. | Judicially considering extrinsic facts improper. | Demurrer cannot rely on extrinsic matters; correct to assess on face of indictment. |
Key Cases Cited
- State v. Corhen, 306 Ga.App. 495 (2010) (indictment tracks statute; sufficiency under general demurrer)
- Senase v. State, 258 Ga. 592 (1988) (attack on constitutionality requires trial court ruling)
- Colton v. State, 297 Ga.App. 795 (2009) (jurisdictional principle on constitutional challenges)
- State v. Holmes, 142 Ga.App. 847 (1977) (demurrer reaches only face of indictment; not extrinsic facts)