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State v. Wright

The indictment did not sufficiently identify the substance the defendant allegedly possessed as a controlled substance under O.C.G.A. § 16-13-30 subsection a, and the trial court thus properly granted a general demurrer against the count of the indictment charging the defendant with possession of a controlled substance.

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The state appeals from the trial court’s grant of a general demurrer against an indictment’s count alleging that Tommy Lugene Wright committed the offense of possession of a controlled substance in violation of OCGA § 16-13-30 a. We affirm, because the indictment does not identify a substance listed as a controlled substance under the statute.

A general demurrer challenges the sufficiency of the substance of the indictment. Bryant v. State, 320 Ga. App. 838, 841 3 740 SE2d 772 2013 citation omitted. An indictment shall be deemed sufficiently technical and correct to withstand a general demurrer if it ‘states the offense in the terms and language of this Code or so plainly that the nature of the offense charged may easily be understood by the jury.’ State v. Corhen, 306 Ga. App. 495, 497 700 SE2d 912 2010 quoting OCGA § 17-7-54 a.

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