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GAVIN v. STATE

No. A08A0557.

664 S.E.2d 797 (2008)

GAVIN v. The STATE.

Court of Appeals of Georgia.

July 2, 2008.

Attorney(s) appearing for the Case

Phinia-Cou J. Aten, for appellant.

Paul L. Howard, Jr., District Attorney, Anna G. Cross, Assistant District Attorney, for appellee.

PHIPPS, Judge.

We granted Lamar Gavin's application for interlocutory review of the trial court's denial of his general demurrer. A general demurrer challenges the sufficiency of the substance of an indictment.1 "[T]he true test of the sufficiency of an indictment to withstand a general demurrer ... is found in the answer to the question: Can the defendant admit the charge as made and still be innocent? If he can, the indictment is fatally...

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