State v. Wilson
318 Ga. App. 88
| Ga. Ct. App. | 2012Background
- Georgia indicted Terrell Wilson in Houston County on four counts: aggravated assault on a peace officer (Count 1), interference with child custody (Count 2), fleeing or eluding a police officer (Count 3), and driving with a suspended license (Count 4).
- After arraignment, Wilson did not demur or move to quash pretrial; after jurors were impaneled and sworn, counsel orally moved to quash Counts 1–3 for lack of essential elements.
- The trial court quashed Counts 1–3 and denied remedies for lesser-included offenses; Count 4 was later nolled by the State.
- The State appealed arguing the motion to quash was untimely and that the indictment was legally sufficient.
- This Court applied de novo review to determine if the indictment was legally sufficient and whether timeliness issues invalidated the trial court’s ruling.
- The court ultimately reversed, holding Counts 1–3 were legally sufficient and the trial court erred in quashing them.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of the motion to quash | State argues Wilson timely raised the issue in writing/post-arraignment. | Wilson contends the challenge required a timely written special demurrer prior to trial. | Untimely; waiver of the right to quash Counts 1–3. |
| Sufficiency of Count 1 | Counts alleged aggravated assault on a peace officer; sufficient to support a conviction and include lesser offenses. | Count 1 failed to allege essential elements, thus void or fatally defective. | Legally sufficient to withstand a general demurrer (includes lesser included). |
| Sufficiency of Count 2 | Entice wording implies intent; sufficient under OCGA § 16-5-45 (b)(1)(A) without explicit intent language. | Lacked explicit intent pleading for knowingly/recklessly enticement. | Legally sufficient to withstand a general demurrer. |
| Sufficiency of Count 3 and potential obstruction | Fleeing/eluding charge may encompass obstruction of an officer; sufficient even if badge/uniform specifics are imperfect. | Indictment potentially deficient on form re: uniform/badge/marked vehicle as alleged. | Legally sufficient; supports lesser included offense of obstruction. |
Key Cases Cited
- Stinson v. State, 279 Ga. 177 (2005) (indictment notice and inclusion of lesser offenses; demurrer standards)
- Morris v. State, 310 Ga. App. 126 (2011) (indictment sufficiency and lesser included offenses concepts)
- McDaniel v. State, 298 Ga. App. 558 (2009) (demurrer types; timing and form)
- Jones v. State, 240 Ga. App. 484 (1999) (variance challenges; form vs. substance via special demurrer)
- Lowe v. State, 276 Ga. 538 (2003) (special demurrer for greater specificity; pretrial remedy)
- Gibson v. State, 265 Ga. App. 325 (2004) (obstruction/officer-related charges; lesser included offenses)
- Henderson v. Hames, 287 Ga. 534 (2010) (void indictment examples; mens rea omissions)
- Doe v. State, 306 Ga. App. 348 (2010) (indictments charging by statute language; notice sufficiency)
- Borders v. State, 270 Ga. 804 (1999) (indictment sufficiency when underlying elements are described)