GA 17-7-113 - GA 17-7-113

General Consideration Indictment defects handled by pre-trial demurrer or post-conviction motion to arrest judgment. - Defects in an indictment or accusation must be taken advantage of either by demurrer before trial or by motion in arrest of judgment after conviction. Rucker v. State, 114 Ga. 13 , 39 S.E. 902 (1901). How form of indictment excepted to. - When the accused desires to take exception to the form of an indictment, it is necessary that the accused do so by demurrer or motion to quash, made in writing and before pleading to the merits. Frady v. State, 212 Ga. 84 , 90 S.E.2d 664 (1955). Exception to the denial of a motion to quash the indictment cannot be properly made a ground of a motion for new trial. Frady v. State, 212 Ga. 84 , 90 S.E.2d 664 (1955). Exceptions to form must b...