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Eady v. State

74 S.E. 303, 10 Ga. App. 818, 1912 Ga. App. LEXIS 706
CourtCourt of Appeals of Georgia
DecidedMarch 19, 1912
Docket3972
StatusPublished
Cited by19 cases

This text of 74 S.E. 303 (Eady v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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]*819liated 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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Cite This Page — Counsel Stack

Bluebook (online)
74 S.E. 303, 10 Ga. App. 818, 1912 Ga. App. LEXIS 706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eady-v-state-gactapp-1912.