Curtiss v. Ætna Life Insurance

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that it “is not enough” to “alleg[e] that a statute has been violated,” and that an indictment was legally insufficient where it was “based upon several assumptions of fact not set forth in the indictment”
• holding that indictment was fatally defective and did not withstand a general demurrer where it alleged violation of a specified criminal code section but did not \set out all the elements of the offense\ or \allege all the facts necessary to establish\ a violation
• holding that indictment was fatally defective and did not withstand a general demurrer where it alleged violation of a specified criminal code section but did not “set out all the elements of the offense” or “allege all the facts necessary to establish” a violation
• explaining that an indictment that merely references or cites the statute that the defendant is accused of violating, without alleging “things that are essential elements of a violation of the statute” does not sufficiently allege the crime described in the statute
• noting that “the longstanding principle that an 24 indictment is void to the extent that it fails to allege all the essential elements of the crime or crimes charged . . . is founded upon the constitutional guaranty of due process” (citations and punctuation omitted)
• “The case of Relaford v. State[, 306 Ga. App. 549, 550, (702 SE2d 776) (2010

Source: CourtListener parenthetical corpus (CC0).