| Ga. | Jan 15, 1871
Section 4460 of the Revised Code, prescribing the penalty for adultery and fornication, or adultery or fornication, distinctly provides that the defendants shall be “severally” indicted. It is a distinct offense in each. In fact, one may be
Nor is the waiver of an indictment a waiver of this objection. The presentment must also be several. The form in the Code is the same, whether the grand jury indict or present: Section 4535, Revised Code. We think the demurrer ought to have been sustained.
Judgment reversed.