This case is controlled by the decision in Gaines v. State,80 Ga. App. 512 (56 S.E.2d 772), and the court did not err in overruling the general demurrer to the accusation.
Judgment affirmed. Sutton, C. J., Gardner, and Worrill, JJ.,concur. Felton and Townsend, JJ., dissent.
DECIDED DECEMBER 3, 1949. REHEARING DENIED DECEMBER 14, 1949.
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