EVANS v. STATE.

41192.

111 Ga. App. 403 (1965)

141 S.E.2d 775

EVANS v. THE STATE.

Court of Appeals of Georgia.

Decided March 24, 1965.


Attorney(s) appearing for the Case

Casey Thigpen, for plaintiff in error.

Thomas A. Hutcheson, Solicitor, contra.


PANNELL, Judge.

A general verdict of guilty, upon an accusation containing two counts charging different offenses, which are in fact as well as theory, separate transactions, cannot be sustained where there is no evidence to support one of the counts. Morse v. State, 10 Ga.App. 61 (72 SE 534); Jones v. State, 27 Ga.App. 600 (110 SE 37); Brooks v. State, 27 Ga.App. 629 (109 SE 548); Lee v. State, 32 Ga.App. 333 (123 SE 40).

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