McCLENDON v. STATE

32664.

81 Ga. App. 218 (1950)

58 S.E.2d 462

McCLENDON v. THE STATE.

Court of Appeals of Georgia.

Rehearing Denied March 24, 1950.


Attorney(s) appearing for the Case

J. D. Godfrey, Casey Thigpen, for plaintiff in error.

Jack B. Taylor, Solicitor, contra.


MacINTYRE, P. J.

1. "All exceptions which go merely to the form of an indictment shall be made before trial; and no motion in arrest of judgment shall be sustained for any matter not affecting the real merits of the offense charged in the indictment." Code, § 27-1601.

2. A motion in arrest of judgment will only reach a defect apparent on the face of the record, not cured by verdict, to which a general demurrer could have been successfully interposed...

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