Flanders v. State

• Decision Date: 10 October 1911
• Docket Number: (No. 3,544.)
• Citation: 9 Ga.App. 820,72 S.E. 286
• Parties: FLANDERS v. STATE.
• Court: Georgia Court of Appeals

72 S.E. 286

9 Ga.App. 820

FLANDERS

v.STATE.

(No. 3, 544.)

Court of Appeals of Georgia.

Oct. 10, 1911.

(Syllabus by the Court.)

1. Criminal Law (§ 252^*)—Accusation in City Court—Formal Requisites.

The act creating the city court of Bainbridge prescribes no special form for the accusation to be preferred in criminal cases in that court further than that the accusation shall be founded on an affidavit, and shall be signed by the prosecuting officer of the court

[Ed. Note.—For other cases, see Criminal Law, Dec. Dig. § 252.*]

2. Criminal Law (§ 252*)—Accusation in City Court—Formal Requisites.

The provisions of Pen. Code 1910, § 954, relate to the form of indictments or accusations preferred by grand juries, and not to accusations in city courts.

[Ed. Note.—For other cases, see Criminal Law, Dec. Dig. § 252.*]

3. Criminal Law (§ 252*)—Accusation in City Court—Formal Requisites.

The accusation in the present case was sufficient as against motion to quash and motion in arrest of judgment.

[Ed. Note.—For other cases, see Criminal Law, Cent. Dig. §§ 526-536; Dec. Dig. § 252.*]

Error from City Court of Bainbridge; W. M. Harrell, Judge.

John Flanders was convicted of crime, and brings error. Affirmed.

P. D. Rich, for plaintiff in error.

M. E.O'Neal, Sol., for the State.

POWELL, J. [1] 1. The accusation, attacked in the present case both by motion to quash made before the trial and by motion in arrest of judgment after the convic-

tion, is in the following form: "Georgia, Decatur County. In the city court of Bain-bridge, June term, 1911. * * * The following accusation is founded upon the foregoing affidavit of Nancy Flanders, who now in the name and behalf of the citizens of Georgia charges and accuses John Flanders with the offense of a misdemeanor, for that the said on the 15th day of March, in the year 1911, in the county aforesaid, then and there unlawfully and with force and arms did whip, beat, and otherwise cruelly maltreat his wife, Nancy Flanders, contrary to the laws of said state, the good order, peace, and dignity thereof. [Signed] M. E. O'Neal, Solicitor. Nancy Flanders, Prosecutor." The specific objection is that the accusation alleged that Nancy Flanders charges and accuses the defendant in the name and behalf of the citizens of Georgia when it should so read as to make M. E. O'Neal, the solicitor of the court, the accuser. The act creating the city court of Bainbridge (Acts 1900, p. 101) contains only the following provision on this subject: "That defendants in criminal cases in said city court of Bainbridge may be tried on written accusation founded on affidavit, which accusation shall be signed by the prosecuting officer of said court." The present accusation was founded on an affidavit, and was signed by the prosecuting officer of the court. It seems to be sufficient so far as the act creating the court is concerned.

2. Counsel for the plaintiff in error bases his contention as to the insufficiency of the accusation on the ground that Pen. Code 1910, § 954, prescribes the form for indictments and accusations. That section does prescribe a form for "every indictment or accusation of the grand jury." Under the form there prescribed the grand...