125 Ga. 287 | Ga. | 1906
The Southern Bailway Company was indicted for violating Penal Code, §523, the indictment charging that the defendant “did run and operate passenger-cars, to wit a passenger-car on train number thirteen, the same being passenger-cars upon which passengers were transported, and did then and there fail to Beep in such passenger-cars an adequate supply of good, pure prinking water- during the day and night, for the use of passengers.” On the call of the case for trial the defendant demurred to the in■dictment, and the demurrer was overruled. The defendant’s counsel then orally moved the court to quash the indictment, because service had not been made on the defendant as required by the Penal Code, §938; the court denied the motion to quash, and continued the case for the term in order that proper service might be made. The bill of exceptions complains of the overruling of the •defendant’s demurrer, and of the refusal of the court to quash the indictment for want of service on the defendant.
Judgment affirmed.