FAIR v. STATE

48346.

129 Ga. App. 565 (1973)

200 S.E.2d 296

FAIR v. THE STATE.

Court of Appeals of Georgia.

Decided September 5, 1973.


Attorney(s) appearing for the Case

James E. McDonald, Jr., for appellant.

Harry N. Gordon, District Attorney, B. Thomas Cook, Jr., James W. Smith, for appellee.


EVANS, Judge.

The defendant was indicted in Count 1 for a burglary which occurred on May 13, 1972, and in Counts 2 and 3 for criminal attempt to steal a motor vehicle and possession of a firearm during the commission of a crime which occurred on May 22, 1972.

Before arrangement, defendant filed a special demurrer or motion to quash, contending the indictment charged two separate and distinct offenses, not of the same class or species; praying that the indictment...

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