GARDNER v. STATE

20881.

216 Ga. 146 (1960)

114 S.E.2d 852

GARDNER v. THE STATE.

Supreme Court of Georgia.

Decided June 9, 1960.

Rehearing Denied June 28, 1960.


Attorney(s) appearing for the Case

J. R. Mills, P. B. Ham, W. B. Mitchell, for plaintiff in error.

Hugh Sosebee, Solicitor-General, Eugene Cook, Attorney-General, Rubye G. Jackson, Assistant Attorney-General, contra.


MOBLEY, Justice.

Hilton Gardner was convicted of murder without a recommendation for mercy, in the Superior Court of Lamar County. From the judgments overruling his demurrer to the indictment and denying his motion for a judgment notwithstanding the verdict and motion for new trial on the general and thirteen special grounds, he excepts. Held:

1. To the indictment charging that the defendant " . . . with force and arms did unlawfully, feloniously, and...

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