Davis v. State

• Decision Date: 02 April 1912
• Docket Number: 3,995.
• Citation: 74 S.E. 442,11 Ga.App. 10
• Parties: DAVIS v. STATE.
• Court: Georgia Court of Appeals

74 S.E. 442

11 Ga.App. 10

DAVIS v. STATE.

No. 3,995.

Court of Appeals of Georgia

April 2, 1912

Syllabus by the Court.

An attorney, appointed by the judge of the superior court of the Eastern judicial circuit to act as solicitor general pro tempore during the absence of the regular incumbent of that office, has full power and authority to perform all the duties devolving upon the solicitor general, including those imposed upon him as ex officio solicitor of the city court of Savannah, when the judge of the latter court fails to exercise the power, conferred upon him by the law creating the court, to designate an attorney to act during the absence of the solicitor general.

The right of an attorney to act as solicitor in the city court of Savannah, where he appears as such by permission of the court and without objection from one against whom a criminal accusation has been filed, cannot be brought in question for the first time after conviction.

A criminal accusation in the city court of Savannah must be drawn up by the prosecuting officer, but need not be supported by a precedent affidavit. McDonnell's Code of Savannah, p. 426; Wright v. Davis, 120 Ga. 670 (4), 48 S.E. 170.

The evidence fully authorizes the verdict, and no error of law appears.

Error from City Court of Savannah; Davis Freeman, Judge.

Clara Davis, alias King, was convicted of crime, and brings error. Affirmed.

Robt. L. Colding, for plaintiff in error.

Walter C. Hartridge, Sol. Gen., and Morris H. Bernstein, for the State.

POTTLE, J.

Judgment affirmed.