Irwin v. State

Decided June 25, 1903

Supreme Court of Georgia · decided 1903-06-25

<p>Indictment for assault with intent to rob.' Before Judge Roan. Fulton superior court. May 23, 1903.</p>

Key passage — most relied on by later courts

“[flor the protection of the accused it is necessary that, in an indictment for an offense against the person of another, the person injured should be referred to by his correct name, if it be known. 2”

quoted by 1 later decision, including 263 Ga. App. 144 - Sellers v. State

Relies on Lewis v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1903-06-25

How this case has been cited

Cited by 62 later decisions — most recently August 2021 · most notably Hammond v. Clark (1911), 243 Ga. App. 868 - Dennard v. State (2000)

61 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Simmons, C. J.

¶11. Where a demurrer to an indictment has been overruled, the bill of exceptions to such judgment must be tendered within twenty days.

¶22. Bor the protection of the accused it is-necessary that, in an indictment for an offense against the person of another, the person injured should be referred to by his correct name, if it be known, or by some name by which he is commonly and generally called. It follows that where the indictment names the person injured as Ed...Hightower, and the proof shows that his name is Edmund Green Hightower, and that he is known and called by the name of Green Hightower and has never been known or called by any other name, the variance is fatal. See Wharton’s Cr. Ev. § 99; 3 Gr. Ev. §22; 1 Bish. Crim. Proc. §677 ; Maxw. Crim. Proc. 66 ; Clark’s Crim. Proc. § 94 ; Lewis v. State, 90 Ga. 95. Judgment reversed.

All the Justices concur.