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Eady v. State

74 S.E. 303, 10 Ga. App. 818, 1912 Ga. App. LEXIS 706
Court of Appeals of Georgia·Decided March 19, 1912·No. 3972·Published·Cited by 19 cases

Opinion

Hill, C. J.

1. A prosecutor is one who instigates a prosecution by making an affidavit charging a named person with the commission of a penal offense, on which a warrant is issued or an indictment or accusation is based. 6 Words & Phrases Judicially Defined, 5739.

2. An act of the legislature creating a city court, which provides that “defendants in criminal eases . . shall be tried on a written accusation . . founded upon the affidavit of the prosecutor,” is fully complied with by a written accusation filed in the court, signed by the solicitor of the court, which recites that it is founded upon a desig[819] liated affidavit, set out in full immediately preceding the accusation, and referred to therein as the “above and foregoing affidavit.”

Decided March 19, 1912. Accusation of gaming; from city court of Blackshear — Judge Milton. December 12, 1911. E. H. Williams, for plaintiff in error. S. F. Memory, solicitor, contra.

Judgment affirmed.

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Eady v. State, 74 S.E. 303, 10 Ga. App. 818, 1912 Ga. App. LEXIS 706 (Ga. Ct. App. 1912).

74 S.E. 303 (Eady v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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