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104 Ga. App. 376

Walker v. State

Court of Appeals of Georgia

Decided September 13, 1961

Court of Appeals of Georgia · decided 1961-09-13

Relies on McIntosh v. State · 28 Ga. App. 501 - Gresham v. State · Johnson v. State

Decided 1961-09-13

Jordan, Judge.

¶1The charge of being in an intoxicated condition within the curtilage of the dwelling of another and the charge of contributing to the neglect of minor children constituting separate and distinct offenses, although arising out of the same transaction, the trial judge did not err in denying the defendant’s motion to require the State to elect which of the two accusations to proceed upon. See Howell v. State, 28 Ga. App. 501 (1) (111 SE 676); Johnson v. State, 36 Ga. App. 108 (1) (135 SE 519); McIntosh v. State, 116 Ga. 543 (42 SE 793).

¶2Judgment affirmed.

Townsend, P. J., and Frankum, J., concur.
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