Harris v. Edmonds, 44065
| Decision Date | 05 March 1969 |
| Docket Number | No. 44065,No. 1,44065,1 |
| Parties | Jack HARRIS, Foreman v. J. E. EDMONDS |
| Court | Georgia Court of Appeals |
Burruss, Bell & Nylen, Stanley H. Nylen, Atlanta, for appellant.
Hutcheson, Kilpatrick, Watson, Crumbley & Brown, John L. Watson, Jr., Jonesboro, for appellee.
Syllabus Opinion by the Court
J. E. Edmonds filed a complaint against Jack Harris, foreman of the Clayton County grand jury for the May term, 1968, seeking to have certain matter expunged from said grand jury's presentments, pursuant to which the court expunged the following:
The grand jury had no right to return the report charging or casting reflections of misconduct in office upon the appellee public officer or impugning his character, without a presentment or true bill of indictment charging him with a specific offense against the State; and it is the right of the appellee, who is the subject of such extra-judicial report, to have it expunged from the official records. Kelley v. Tanksley, 105 Ga.App. 65, 123 S.E.2d 462. Therefore, the court did not err in its orders overruling appellant's motions, to dissolve a temporary restraining order against the publishing of the presentments and to dismiss the complaint, and its judgment directing the clerk of the court to expunge said portion of the presentments from the record.
Judgment affirmed.
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