71 Ga. 44 | Ga. | 1883
The indictment is in the following words, after the usual heading of the county and state and names of the grand jurors:
“lathe name and behalf of the citizens of Georgia, charge and accuse John Thomas, of the county and state- aforesaid, with the offence of murder; for'that the said John Thomas, in the county aforesaid, on the 25th day of December, in the year of our Lord eighteen hundred and eighty-two, with force and arms did, unlawfully and with malice aforethought, - kill one'Lindsey "Weaver, by shooting the said Lindsey Weaver in the breast with a pistol, contrary,” etc.
To this indictment defendant demurred, which was sustained and about to be entered of record and the bill of indictment quashed, when defendant waived its insuffk ciency and went to trial by his own consent thereunder. Pending the trial, sundry objections were made to the introduction of evidence on grounds arising out of the insufficiency of the allegations in the indictment as alleged-in the demurrer, which the court overruled, and the defendant having been convicted of murder, moved for a new trial on the ground of error by the court in so ruling.
Subsequently the motion for a new trial was amended by adding that on the face of the indictment no jurisdiction was shown to try the case, and that it does not show when or where the crime was committed; and for these reasons a new trial should have been granted.
How easy to understand the day and the place where this crime was charged ? How easy to understand where the deceased was killed, when he was killed, who killed him, with what weapon he did the killing and with what
Therefore we do not see wherein it is wanting in technicality and correctness before verdict; but assuredly after verdict in substance it was all sufficient. Code, §4629, supra; 46 Ga., 322.
Judgment affirmed.