Clifton v. State

Decided May 12, 1926

Court of Appeals of Georgia · decided 1926-05-12

Key passage — most relied on by later courts

“Conceding that the court erred in overruling the special demurrer, it clearly appears from the record that the error was harmless, since the accused was already in possession of the very information called for by the demurrer. [Cit.]” Clifton v. State, 35 Ga. App. 399 ( 133 SE 287 ) (1926). Even matters raised by general demurrer and pressed after conviction by motion in arrest of judgment are subject to a statutory harmless error test:”

quoted by 1 later decision, including State v. Eubanks

Relies on 9 Ga. App. 371 - Joe v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1926-05-12

How this case has been cited

Cited by 7 later decisions — most recently September 1977

7 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.

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Pee Cueiam.

¶11. The general demurrer to the indictment was properly overruled.

¶22. Conceding that the court erred in overruling the special demurrer, it clearly appears from the record that the error was harmless, since the accused was already in possession of the very information called for by the demurrer. See Wrightsville & Tennille R. Co. v. Vaughan, 9 Ga. App. 371 (5) (71 S. E. 691).

¶33. It appears from the record that the ordinary of Lee county, Georgia, had jurisdiction to appoint the accused guardian for John J. Curry, that *400tlie verdict was authorized by the evidence, and that none of the grounds of the amendment to the motion for a new trial show cause for a reversal of the judgment overruling the motion.

Decided May 12, 1926.B. B. Forrester, Zach. Childers, Wallis & Fort, for plaintiff in error.Jule Felton, solicitor-general, E. L. Forrester, contra.

¶4Judgment affirmed.

Broyles, O. J., and Bloodworih, J., concur. Luke, J., dissents.