Court of Appeals of Georgia May 12, 1949, 32389. (Simmons v. State)

Gardner, J.

Was the indictment good as a matter of form and law as against the demurrer? During the course of the argument on the demurrer, counsel for the defendant called upon the State to elect under which Code section it would proceed and ask for a conviction. The State elected to proceed and did proceed, under the provisions of the Code, § 26-2803.