Falagian v. State

How courts have described this case

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

• affirming the trial court’s denial of general demurrer because the indictment alleging theft by taking tracked the theft by taking Code section and “if [the defendant] admitted the conduct alleged in the indictment, he would not be innocent of the crime”
• “Since theft by taking and deposit account fraud are both felony offenses, the rule of lenity is inapplicable.”
• argument based on rule of lenity was premature when defendant had not yet been convicted
• defendant’s conclusory statements were insufficient to show prejudice and this factor weighed heavily against the defendant
• “An indictment which charges the offense in the language of the defining statute and describes the acts constituting the offense sufficiently to put the defendant on notice of the offense with which he is charged survives a general demurrer.”
• “An indictment which charges the offense in the language of the defining statute and describes the acts constituting the offense sufficiently to put the defendant on notice of the offense with which he is charged survives a general demurrer.”

Source: CourtListener parenthetical corpus (CC0).