106 Ga. App. 133 | Ga. Ct. App. | 1962
The defendant was tried and convicted on an accusation charging that he, on a named date in
1. While a defendant is entitled to be tried upon a perfect indictment or accusation, such right may be waived by failure to object until after conviction, and unless the accusation or indictment is so defective as to be absolutely void a motion in arrest of judgment, made after verdict, will not lie. Lanier v. State, 5 Ga. App. 472 (63 SE 536); Gravitt v. State, 36 Ga. App. 301 (136 SE 829).
2. Assuming, but not deciding, as the defendant contends that “to wit: NTPW” adds nothing to the remainder of the accusation, this only made the accusation subject to special demurrer (Morris v. State, 93 Ga. App. 772, 92 SE2d 726) and such words would not invalidate the remainder of the accusation so as to require holding that the same was void. The trial court did not err in overruling the motion seeking to arrest the judgment.
Judgment affinned.