Chauncey v. State, 48007
| Decision Date | 14 June 1973 |
| Docket Number | No. 48007,No. 1,48007,1 |
| Citation | 129 Ga.App. 207,199 S.E.2d 391 |
| Parties | Lois S. CHAUNCEY v. The STATE |
| Court | Georgia Court of Appeals |
Jack J. Helms, Homerville, for appellant.
Vickers Neugent, Dist. Atty., Pearson, for appellee.
Syllabus Opinion by the Court
The defendant was brought to trial on an accusation for the abandonment of his illegitimate child. The accusation alleging that he abandoned the child in Lanier County, Georgia, on August 20, 1972. The accusation further recited that it was based on the affidavit of Vickie Bailey, the prosecutrix, made August 20, 1972, before John W. Harrell, justice of the peace in and for said county. There was no such affidavit attached to or accompanying the accusation.
Upon the call of the case for trial, defendant before pleading to the accusation, through his attorney demanded that the affidavit be produced and objected to proceeding until same was produced. The court overruled defendant's demand and objections; whereupon, the defendant plead not guilty and proceeded to trial. The defendant was found guilty and an appeal was filed. Held:
1. Enumeration of error number three contends the court erred in charging the jury: (Emphasis supplied.) Under that which was held in Hunsinger v. State, 225 Ga. 426, 429, 169 S.E.2d 286, the defendant's contention is correct.
2. The defendant objected because the affidavit upon which the accusation was based was not produced. A valid affidavit is essential to support an accusation and without such an affidavit the whole trial is a nullity. Scroggins v. State, 55 Ga. 380(3); Gilbert v. State, 17 Ga.App. 143(4), 86 S.E. 415. Therefore, upon the retrial of this case if no valid affidavit is found to exist any conviction would be void.
3. The remaining enumerations of error are without merit.
Judgment reversed.
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...attack of the affidavit. Since a valid affidavit was found to exist, the conviction is not void on this ground. Chauncey v. State, 129 Ga.App. 207(2), 199 S.E.2d 391. 3. Appellant asserts that the trial court erred in instructing a juror not to take notes because the case was "not really co......
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Marshall v. State
...The charge here does not share the infirmity dealt with in Hunsinger v. State, 225 Ga. 426, 429(10), 169 S.E.2d 286 and Chauncey v. State, 129 Ga.App. 207, 199 S.E.2d 391. 4. Defendant contends in the brief that indictment or conviction on the pistol offenses constitutes double jeopardy sin......
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Young v. State
...Flanders v. State, 9 Ga.App. 820 (1), 72 S.E. 286 (1911); Gilbert v. State, 17 Ga.App. 143, 86 S.E. 415 (1915); Chauncey v. State, 129 Ga.App. 207 (2), 199 S.E.2d 391 (1973); Rogers v. State, 133 Ga.App. 513, 211 S.E.2d 373 (1974); Martin v. State, 139 Ga.App. 8, 228 S.E.2d 15 (1976). We ha......
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Lamar v. State, s. 34623
...152 Ga. 405(1), 110 S.E. 160 (1921); Marshall v. State, 129 Ga.App. 733, 734, 200 S.E.2d 902 (1973). Compare Chauncey v. State, 129 Ga.App. 207, 208, 199 S.E. 391 (1973) with Hunsinger v. State, 225 Ga. 426, 429, 169 S.E.2d 286 3. In Appeal No. 34623, Lamar raises in numerous papers the fol......