30 S.E.2d 298 | Ga. Ct. App. | 1944
1. An accusation drawn under the Code, § 26-6201, charging the defendant with a misdemeanor, in that he solicited another for the purpose of prostitution, that he solicited for a prostitute, and that he offered to procure a prostitute for another, is not subject to general demurrer on the ground that it charges no offense against the laws of this State.
2. The accusation is not subject to general demurrer on the ground that it is so inexact and indefinite that it will not protect the defendant from a second jeopardy, because it fails to name the prostitute, or to name the person for whom the defendant offered to procure the prostitute. Stringfield v. State,
3. The defendant is charged, in a single count, with the offense stated in headnote 1, which, under the Code, § 26-6201, may be committed in any one of several ways. Proof of the commission of any one of these prohibited acts alleged in the accusation will support a general verdict of guilty.
2. The accusation is not subject to general demurrer on the ground that it is so inexact and indefinite it will not protect the defendant from a second jeopardy, because it fails to name the prostitute, or to name the person for whom the defendant offered to procure the prostitute. The rule being that, "in all pleas of former acquittal or conviction, the proof of the plea has to consist partly of matter of the record and partly not of record. And the identity of the two cases is the part of the plea which it is the peculiar business of the evidence, which is not of record, to make out." Goode v. State,
3. The defendant was charged with the offense of soliciting for the purpose of prostitution, soliciting for a prostitute, and offering to procure a prostitute for another, which, under section 26-6201, may be committed in either of several ways. The fact that the accusation charges, in a single count, the commission of the offense in several of the methods prescribed by the statute does not make it subject to general demurrer, none of the methods alleged being repugnant to the other. The offense could have been established by proof of any one of the prohibited acts. The evidence authorized the jury to find that the defendant was guilty of soliciting another for the purpose of prostitution, which is one of the prohibited acts alleged, and this would support the general verdict of guilty. Cody v. State,
Judgment affirmed. Broyles, C. J., and Gardner, J., concur.