Park's annotated code of the State of Georgia, 1914 Volume 6; embracing the code of 1910 and amendments and additions thereto made by the General ... annotations from the judicial decisions

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 Excerpt: ...Name. Summons to police court: Sec catchword Summons in general note on municipal courts following § 861, Civil Code. Surplusage, no words descriptive of the identity of that which is legally essential to the charge can be rejected as; proof must support such description. 50/591; 64/61; 92/48 (17 S. E. 1006); 108/53 (2) (34 S. E. 313). Allegation that deceased was a person of color, surplusage. 48/30 (4). Irrelevant allegations are surplusage, and may be stricken. 121/615 (49 S. E. 702). Immaterial description of unnecessary fact need not be proved. 120/142 (1) (47 S. E. 519). Allegations which are too general to set forth a crime may be treated as surplusage if there are other averments which sufficiently allege the commission of an offense. 12 App. 86 (1) (76 S. E. 779). Description of person, if material to conviction, is not sur plusage and must be substantially proved as laid. 118/806 (45 S. E. 615). Ownership of animal alleged to have been misbranded must be proved as alleged. 10 App. 786, 789 (74 S. E. 300). Where unnecessary descriptive matter is included in indictment, description must be proved as laid. 97/207 (22 S. E. 954). Unnecessary matter descriptive of offense which negatives offense charged cannot be rejected as surplusage. 114/844, 847 (40 S. E. 1013). Term at which indictment found, failure of indictment to show, immaterial. 121/144 (1) (48 S. E. 966). Test of sufficiency: Description of offense in language of Code defining offense is sufficient. 3/417 (1); 7/2, 16; 11/53 (1); 24/191; 17/130; 28/21; 44/328, 330; 59/784 (2); 69/747; 68/836; 70/723; 75/253; 76/551 (13-e); 80/810, 812 (7 S. E. 209); 104/734, 735 (30 S. E. 932); 110/768 (36 S. E. 60); 119/570 (46 S. E. 834); 121/619 (4) (49 S. E. 701); 2 App. 1 (2) (58 S. E. 401); 5 App...