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LAND v. STATE

38827.

103 Ga. App. 496 (1961)

119 S.E.2d 809

LAND v. THE STATE.

Court of Appeals of Georgia.

Decided April 11, 1961.

Attorney(s) appearing for the Case

Kimzey & Kimzey, Herbert B. Kimzey, for plaintiff in error.

Clete D. Johnson, Solicitor-General, Andrew J. Hill, A. S. Skelton, contra.

TOWNSEND, Presiding Judge.

1. It is contended that the indictment, construed against the pleader, shows that the allegation that the fund in question "was the property of Franklin County" is an untrue allegation of ownership with the result that the indictment, not containing a proper allegation of ownership, is subject to general demurrer; also that if the ownership of the fund is assumed under the allegations of the indictment to rest in the individual putting up...

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