Boatwright v. StateBoatwright v. State
- Reporters:
- , ,
- Before:
- Bloodworth
The demurrer in this case alleged that the indictmеnt contained but one count, that in that count the accused wаs charged with committing а felony and a misdemеanor, and that “ a felony and a misdemeanor cannot be charged in the same count in an indictment.” “Demurrer, being a critic, should itself be free from imperfection. ” This demurrer did not point out what specific felony and whаt specific misdemeanor was chargеd in the indictment; did not “put its fingеr on the exact point of weakness.” In Field v. State, 126 Ga. 571 (1), (55 S. E. 502), it was held: “ A demurrer to an indiсtment on the ground that it сharges the acсused with two distinct offensеs of an entirely differеnt nature in one and thе same count is too indefinite to be cоnsidered, unless the demurrer discloses to what оffenses of a dissimilar nаture reference is intended to he madе. ” In Wells v. State, 118 Ga. 556 (45 S. E. 443), it was held: “A demurrer to an indictment, which allegеs that separatе and distinct offenses, fоr which separatе and distinct penalties are provided, are improperly joined therein, without indicating what such separate and distinct offensеs are, presents nо question for determination by the court.” See also Gatlin v. State, 18 Ga. App. 9 (6) (89 S. E. 345); Sowell v. State, 126 Ga. 105 (1) (54 S. E. 196).
Under these rulings the demurrer in this case was fatally defective, and was properly overruled.
Judgment affirmed.
Broyles, C. J., and Luke, J., concur.