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State v. Jones

Defendant was entitled to a special demurrer on two counts of fleeing or attempting to elude a police officer since the counts failed to give defendant sufficient information so he could prepare his defense.

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A multi-count accusation was preferred against Paul Jones. The State appeals the trial court’s grant of Jones’s special demurrer to counts five and six, which charged Jones with fleeing or attempting to elude a police officer. Because an accused may commit the offense at issue in more than one manner, and because the accusation fails to specify the manner in which the offense was allegedly committed, we affirm the trial court’s grant of the special demurrer.

OCGA § 40-6-395 a makes it unlawful for any driver of a vehicle willfully to fail or refuse to bring his or her vehicle to a stop or otherwise to flee or attempt to elude a pursuing police vehicle or police officer “when given a visual or an audible signal to bring the vehicle to a stop.” OCGA § 40-6-395 a states that the signal given by the police officer “may be by hand, voice, emergency light, or siren.”

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