McKay v. State

How courts have described this case

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

• holding that “when a claim that an accusation or indictment is absolutely void is not properly asserted in the trial court, it can be reviewed on appeal only through a habeas 10 corpus proceeding”
• holding that “because a general demurrer attacks the legality of an indictment, it is permissible to raise this ground” before or during trial or “after verdict by a motion in arrest of judgment even if there was no earlier objection”
• distinguishing between a general demurrer, which challenges the validity of the indictment and may be raised at any time, and a special demurrer, which challenges the form of the indictment and must be raised before pleading to the indictment
• reviewing claim that evidence was insufficient to support appellant’s conviction for selling marijuana within 1,000 feet of housing project in violation of OCGA § 16-13-32.5, but refusing to consider claim that indictment failed to allege any violation of OCGA § 16-13-32.5
• reviewing claim that evidence was insufficient to support appellant’s conviction for selling marijuana within 1,000 feet of housing project in violation of OCGA § 16-13- 32.5, but refusing to consider claim that indictment failed to allege any violation of OCGA § 16-13-32.5
• A general demurrer challenges the legality of an indictment and may be raised anytime before or during trial, as well as after a conviction by a timely motion in arrest of judgment-even if the defendant had not previously raised an objection to the validity of the indictment.

Source: CourtListener parenthetical corpus (CC0).

Cited by

58 cases in this archive cite this case; the 20 most cited are listed.

• von Thomas v. State
  Supreme Court of Georgia· 2013-09-09· cited 454×
• Martinez v. State
  Court of Appeals of Georgia· 2013-11-21· cited 79×
• Moore v. State
  Court of Appeals of Georgia· 2000-09-27· cited 39×
• Harris v. State
  Court of Appeals of Georgia· 2002-12-03· cited 23×
• Totten v. State
  Supreme Court of Georgia· 2003-02-10· cited 19×
• Keith v. State
  Court of Appeals of Georgia· 2006-05-18· cited 19×
• Fleming v. State
  Court of Appeals of Georgia· 2005-11-21· cited 18×
• Adkins v. State
  Supreme Court of Georgia· 2005-06-06· cited 18×
• Logan v. State
  Court of Appeals of Georgia· 2011-03-17· cited 18×
• Williams v. State
  Court of Appeals of Georgia· 1999-04-08· cited 16×
• Coleman v. State
  Court of Appeals of Georgia· 2012-10-29· cited 16×
• Harden v. State
  Court of Appeals of Georgia· 1999-08-24· cited 15×
• Smith v. State
  Court of Appeals of Georgia· 2006-03-21· cited 13×
• Hall v. State
  Court of Appeals of Georgia· 1999-11-19· cited 13×
• Jones v. State
  Court of Appeals of Georgia· 1999-10-04· cited 13×
• Thompson v. State
  Supreme Court of Georgia· 2010-03-29· cited 13×
• Slinkard v. State
  Court of Appeals of Georgia· 2003-02-03· cited 12×
• Polk v. State
  Court of Appeals of Georgia· 2005-09-09· cited 11×
• Strickland v. State
  Court of Appeals of Georgia· 2019-01-25· cited 11×
• Millsaps v. State
  Court of Appeals of Georgia· 2011-07-13· cited 10×

Cites

21 cases in this archive are cited by this case; the 20 most cited are listed.

• Jackson v. Virginia
  Supreme Court· 1979-10-01· cited 79,490×
• State v. Eubanks
  Supreme Court of Georgia· 1977-09-07· cited 150×
• Boswell v. State
  Supreme Court of Georgia· 1901-11-05· cited 42×
• Gilmore v. State
  Supreme Court of Georgia· 1903-08-11· cited 33×
• State v. Black
  Court of Appeals of Georgia· 1979-03-16· cited 29×
• Shabazz v. State
  Court of Appeals of Georgia· 1997-11-18· cited 28×
• Lanier v. State
  Court of Appeals of Georgia· 1909-01-27· cited 28×
• Perkins v. State
  Court of Appeals of Georgia· 1979-09-05· cited 25×
• Chance v. State
  Court of Appeals of Georgia· 1980-04-16· cited 24×
• Moody v. State
  Court of Appeals of Georgia· 1992-11-20· cited 20×
• Lancaster v. State
  Court of Appeals of Georgia· 1951-04-19· cited 15×
• Williams v. State
  Court of Appeals of Georgia· 1982-05-13· cited 14×
• Darty v. State
  Court of Appeals of Georgia· 1988-09-20· cited 14×
• Pullen v. State
  Court of Appeals of Georgia· 1991-06-05· cited 14×
• State v. Stamey
  Court of Appeals of Georgia· 1994-02-04· cited 11×
• Echols v. State
  Court of Appeals of Georgia· 1988-07-15· cited 7×
• Staton v. State
  Court of Appeals of Georgia· 1983-03-01· cited 3×
• Goldstein v. State
  Court of Appeals of Georgia· 1921-04-13· cited 3×
• Thompson v. State
  Court of Appeals of Georgia· 1938-10-01· cited 3×
• Tennesson v. State
  Court of Appeals of Georgia· 1994-07-21· cited 3×