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HOLTZENDORF v. STATE

56194.

146 Ga. App. 823 (1978)

247 S.E.2d 599

HOLTZENDORF v. THE STATE.

Court of Appeals of Georgia.

Decided July 14, 1978.

Rehearing Denied July 25, 1978.

Attorney(s) appearing for the Case

Patton & Hoyt, Jack R. Hancock, C. Ronald Patton, for appellant.

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

DEEN, Presiding Judge.

1. Where an indictment is drawn in two or more counts, a count otherwise complete but by inadvertence not numbered is not invalid. Lee v. State, 81 Ga.App. 829, 831 (60 S.E.2d 177) (1950). The rule of law that each count must be complete within itself and contain every allegation essential to constitute the crime applies to the offense rather than the form. Shuman...

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