Van Dyke v. Lowry

Supreme Court of Georgia

Van Dyke v. Lowry

178 S.E. 147, 180 Ga. 121, 1935 Ga. LEXIS 193

CourtSupreme Court of Georgia

DecidedJanuary 18, 1935

DocketNo. 10338

StatusPublished

This text of 178 S.E. 147 (Van Dyke v. Lowry) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Van Dyke v. Lowry, 178 S.E. 147, 180 Ga. 121, 1935 Ga. LEXIS 193 (Ga. 1935).

Pincite

Opinion

Russell, Chief Justice.

Under the act creating the criminal court of Atlanta (Ga. L. 1891, p. 937), one accused of crime may be tried upon an accusation preferred by the solicitor of such inferior judicatory, at the instance of a prosecutor. The accusation thus preferred, if demand for an indictment be waived, is in all respects a substitute for an indictment or presentment by a grand jury; and one who is thus charged is not entitled to an investigation before a justice of the peace or other committal court. • The court properly refused a mandamus to compel the sheriff to carry the accused before a magistrate for a preliminary investigation.

Judgment affirmed.

All the Justices concur.

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

Russell, Chief Justice.

Under the act creating the criminal court of Atlanta (Ga. L. 1891, p. 937), one accused of crime may be tried upon an accusation preferred by the solicitor of such inferior judicatory, at the instance of a prosecutor. The accusation thus preferred, if demand for an indictment be waived, is in all respects a substitute for an indictment or presentment by a grand jury; and one who is thus charged is not entitled to an investigation before a justice of the peace or other committal court. • The court properly refused a mandamus to compel the sheriff to carry the accused before a magistrate for a preliminary investigation.

Judgment affirmed.

All the Justices concur.

Cite This Page — Counsel Stack

Bluebook (online)

178 S.E. 147, 180 Ga. 121, 1935 Ga. LEXIS 193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-dyke-v-lowry-ga-1935.