GA 17-7-54 - GA 17-7-54

Pleading in the Alternative; More than One Way to Commit Offense Indictment must not state any essential of the offense in the alternative, for pleadings which are in the alternative are defective in form, and this defect must be taken advantage of by special demurrer. Isom v. State, 71 Ga. App. 803 , 32 S.E.2d 437 (1944). Single count may charge the commission of the offense in different ways. Cody v. State, 118 Ga. 784 , 45 S.E. 622 (1903), aff'd, 119 Ga. 418 , 46 S.E. 647 (1904). In an indictment charging a crime capable of being committed in more than one way, failure to charge the manner in which the crime was committed subjects the indictment to a proper special demurrer, but not to an oral motion to quash in the nature of a general demurrer when the indictment has charged the crime ...