27 S.E.2d 337 | Ga. Ct. App. | 1943
Lead Opinion
Where a time is limited for preferring an accusation in a criminal case, and the offense appears on the face of the accusation to be barred by the statute of limitations in reference thereto, and some exception in the statute is relied upon to prevent its bar, a failure to allege such exception in the accusation is fatal, and the accusation is subject to a motion in arrest of judgment, although no demurrer was filed.
Judgment reversed. Gardner, J., concurs.
Dissenting Opinion
The defendant was tried on an accusation, and not on an indictment; and it is well settled that an indictment can not be amended, but that an accusation is amendable. It is likewise well settled that a motion in arrest of judgment "must be predicated upon some defect, not amendable,
which appears on the face of the record or pleadings." Smith v.State,