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PICKLER v. STATE

22556.

220 Ga. 224 (1964)

138 S.E.2d 171

PICKLER v. THE STATE.

Supreme Court of Georgia.

Decided September 11, 1964.

Attorney(s) appearing for the Case

William T. Brooks, for plaintiff in error.

William T. Boyd, Solicitor General, J. Robert Sparks, William E. Spence, J. Walter LeCraw, Eugene Cook, Attorney General, Rubye G. Jackson, Assistant Attorney General, contra.

QUILLIAN, Justice.

1. An indictment which charges the accused in one count with robbery by force and robbery by use of an offensive weapon accuses him not of separate offenses but of different grades or species of the same offense, and is not subject to demurrer on the ground of duplicity. Long v. State, 12 Ga. 293, 314; Lampkin v. State, 87 Ga. 516 (2) (13 SE 523).

2. The trial judge in the present case charged the jury: "Gentlemen, under the...

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