Central Georgia Power Co. v. State

Court of Appeals of Georgia

Central Georgia Power Co. v. State

77 S.E. 107, 12 Ga. App. 260, 1913 Ga. App. LEXIS 530

Court of Appeals of Georgia·Decided February 11, 1913·No. 4228·Published

Opinion

Russell, J.

This case is controlled by the decisions of this court in Progress Club v. State, ante, (76 S. E. 1029), and Brunswick-Oglethorpe Club v. State, ante, 180 (76 S. E. 1034). The defendant corporation was charged by accusation, and not by indictment or presentment of a grand jury; and it being, therefore, impossible, under the provisions of the Penal Code, § 963, for the court to have obtained jurisdiction, all of the proceedings in the trial were nugatory, and a consideration of any of the assignments of error is thereby precluded.

Judgment reversed.

Free access — add to your briefcase to read the full text and ask questions with AI

Russell, J.

This case is controlled by the decisions of this court in Progress Club v. State, ante, (76 S. E. 1029), and Brunswick-Oglethorpe Club v. State, ante, 180 (76 S. E. 1034). The defendant corporation was charged by accusation, and not by indictment or presentment of a grand jury; and it being, therefore, impossible, under the provisions of the Penal Code, § 963, for the court to have obtained jurisdiction, all of the proceedings in the trial were nugatory, and a consideration of any of the assignments of error is thereby precluded.

Judgment reversed.

Central Georgia Power Co. v. State, 77 S.E. 107, 12 Ga. App. 260, 1913 Ga. App. LEXIS 530 (Ga. Ct. App. 1913).

Pincite

77 S.E. 107 (Central Georgia Power Co. v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related