Mobley v. State , 4 Ga. App. 78 ( 1908 )

Powell, J.

The proposition stated in the headnote .is supported by the following decisions, and perhaps others: Mason v. Terrell, 3 Ga. App. 348 (60 S. E. 4); Glenn v. State, 123 Ga. 585 (51 S. E. 605); Johnson v. State, 125 Ga. 243 (3), (54 S. E. 184). Prom this it follows that the motion in arrest of judgment should have been sustained. If the fact be properly alleged, it may be shown inferentially or circumstantially, but it must be shown. Judgment reversed.