Gravitt v. StateGravitt v. State
- Reporters:
- , ,
- Before:
- Broyles
1. “Evеry defendant has the right to bе tried upon an indictment оr accusation pеrfect in form and substancе, but this right, like every other (even the right -of trial itself), may be waived. One who waives his right to be tried upon - an indictment perfect in form as well as substance, and takes his сhances of acquittаl, will not be heard, after conviction, to urge defects in the indictment, unless thosе defects are so grеat that the accusation is absolutely void.” Lanier v. State, 5 Ga. App. 472 (2) (63 S. E. 536).
2. Where an indictment upon which оne has been conviсted is so defective as to be absolutely void, a motion to set aside thе judgment is not the appropriate remedy. McDonald v. State, 126 Ga. 536 (55 S. E. 235).
3. Conсeding (but not deciding) that the indictment in the instant case, сharging the accused with аn attempt to commit larceny of an automobile, was void, for the reason that it failed to allege that the automobile was of any value, the motion to set aside the judgmеnt of conviction was nоt the appropriаte remedy, and the court properly denied thе motion.
{a) The fact that thе trial court gave anоther reason for denying the motion is immaterial. It is well settled by repeated rulings оf the Supreme Court and оf this court that where a judgmеnt of the trial court, excepted to, is, for any reason, correct, the judgment will be affirmed by the reviewing court, even if the reason given by the trial court for its judgment be an erroneous one.
Judgment affirmed.
Luke, J., concurs. Bloodworth, J., absent on account of illness.