29 S.E.2d 659 | Ga. Ct. App. | 1944
The overruling of the certiorari was not error.
A demurrer was interposed to each count and to the accusation as a whole. The demurrer to count one alleged that the count was fatally defective because it failed to state the name of the person charged to have been solicited; and the demurrer to count three alleged that that count was fatally defective in that it failed to give the name of the person for whom the defendant offered to procure a prostitute. All demurrers were overruled, and the defendant excepted to that judgment.
(After stating the foregoing facts.) It is argued in the brief of the able counsel for the accused that the accusation as a whole, and especially counts one and three, were subject to the demurrers interposed, in that the accusation as drawn "failed to put the defendant on notice of just what he was charged with, and failed to give him sufficient information to enable him to prepare his defense;" and many cases are cited in support of that proposition. Counsel argues that if counts one and three are held to be good, then all defendants hereafter are deprived of the right to adequately prepare their defenses by being given enough information to know what witnesses to summon. He further states: "Yes, even more, if this method of criminal pleading is to become the law of this State, it would be possible to indict a man for murder without giving the name of the man he is alleged to have killed." We can not agree with this contention. In an indictment for murder, it is necessary to give the name of the person alleged to have been killed because the gist of the offense is the killing of a particular individual, while in an accusation for soliciting for a prostitute the gist of the offense is the harm done society by such unlawful solicitation, and not an injury to the individual solicited. Thus, in an accusation for gaming, it is not necessary to specify the particular game played, or to give the names of those who played with the accused, where no particular game is charged in the accusation. Hicks v. State, *821
The verdict was a general one of "guilty," and a special assignment of error in the petition for certiorari complains of a charge by the judge in which he construed the three counts of the accusation as charging only one offense, counsel for the accused contending that each count charged a separate offense, and that two of the counts were not supported by any evidence, and that the charge of the court mislead the jury into finding a general verdict of guilty, which meant guilty on all three counts. In our opinion, the accusation, although in three counts, charged only one transaction, to wit, soliciting for two named prostitutes, although the language of the counts varied to meet the chance of any variance in the proof. Each of the counts charged that the illegal transaction occurred on the same day, and the accusation, properly construed, refers to only one transaction which was set forth in different ways in the counts. "Where an indictment contains two counts, both charging the commission of the same felony, but in different ways, a general verdict is not contrary to the evidence if either one of the counts be supported by proof." Bowen v. State,
The verdict was amply authorized by the evidence; and the overruling of the certiorari was not error for any reason assigned.
Judgment affirmed. MacIntyre and Gardner, JJ., concur.