154 Ga. 542 | Ga. | 1922
The Court of Appeals certified to this Court the following question: “Is an indictment subject to be quashed because it charges in one and the same count that the accused, on a named date, did manufacture intoxicating liquors, and also that the accused, ‘ concurrently therewith, as a part of the same transaction/ did unlawfully have, possess, and control the said liquors,
Under the prohibition law of this State (Ga. L. Ex. Sess. 1917, sec. 23) it is a felony for any person to manufacture or make any alcoholic etc. liquors within this State; and section 22 of the act makes it a misdemeanor for any' person “ to knowingly permit or allow any one to have dr possess or locate on his premises any apparatus for the distilling or manufacturing of the liquors and beverages specified in this act.” As a general rule an indictment charging two or more distinct and separate offenses in one count is bad for duplicity. However, different grades of the same offense may be charged in the same count. Long v. State, 12 Ga. 293; Davis v. State, 57 Ga. 66; Gilbert v. State, 65 Ga. 449. See Sutton v. State, 124 Ga. 815 (53 S. E. 381), and cases cited; 14 R. C. L. 194, § 40. “ Mere surplusage does not amount to duplicity; and where a count charges one offense, and defectively charges another, the latter charge may be rejected as surplusage.” 14-R. C. L. 196, §40.
The indictment referred to in the question of the Court of Appeals in one count charged that the accused did manufacture intoxicating liquors, and concurrently therewith, as part of the same transaction, did unlawfully possess and control said liquors, and did knowingly permit and allow to be located on his premises the apparatus used in so manufacturing the same. Only one offense was properly laid; that is, 'the manufacturing of intoxicating liquors. The charges that the accused in manufacturing the liquors, “concurrently therewith, as part of the same transaction,” had
In view of what we have said we conclude that the indictment, while not skilfully drawn, was not subject to the demurrer on the ground of duplicity, and the question is answered in the negative.