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HOLMES v. STATE

55334.

145 Ga. App. 125 (1978)

243 S.E.2d 328

HOLMES v. THE STATE.

Court of Appeals of Georgia.

Decided March 2, 1978.

Attorney(s) appearing for the Case

Rex Wallace Garner, for appellant.

F. Larry Salmon, District Attorney, Wallace W. Rogers, Assistant District Attorney, for appellee.

BELL, Chief Judge.

Defendant was convicted of three counts of forgery and two counts of theft by taking. Held:

1. Counts 1 and 2 of the indictment allege forgery in the first degree. Count 3 alleges forgery in the second degree as it failed to allege that the defendant uttered or delivered the check or writing, an essential element of forgery in the first degree. Ward v. State, 123 Ga.App. 216 (

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