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50 Ga. App. 39

Moore v. State

Court of Appeals of Georgia

Decided October 26, 1934

Court of Appeals of Georgia · decided 1934-10-26

Relies on Simmons v. State

Decided 1934-10-26

MacIntyre, J.

¶1It is error to refuse a new trial on an indictment containing two counts, the first charging that the defendant carried a pistol concealed, and the second that he carried a pistol without a license, where upon the trial the evidence authorizes a conviction under the second count only and the verdict is a general verdict of guilty. Simmons v. State, 162 Ga. 316 (134 S. E. 54).

¶2 Judgment reversed.

Broyles, G. J., and Guerry, J., concur.
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