124 Ga. 446 | Ga. | 1905
1. An accusation in a city court charging one with the offense of violating the provisions of the act approved August 15, 1903 (Acts 1903, p. 90), which fails to set forth in substance a contract definite and certain as to its terms and duration, is subject to demurrer on the ground that “There are no facts showing any valid contract between the [prosecutor] and defendant, nor consideration nor duration of said contract.” Wilson v. State, 124 Ga. 22.
2. “Such accusation being fatally defective, and the trial court having erred in overruling the special demurrer thereto, the Supreme Court will not, in such a case, pass on the constitutionality of the act of the General Assembly upon which the accusation was based.” Oglesby v. State, 123 Ga. 506, and cit.
Judgment reversed.