Ward v. State
| Citation | 373 S.E.2d 65,188 Ga.App. 372 |
| Decision Date | 12 September 1988 |
| Docket Number | No. 76755,76755 |
| Parties | WARD v. The STATE. |
| Court | Georgia Court of Appeals |
Elwin Ward, pro se.
John C. Carbo III, Sol., for appellee.
Appellant Elwin J. Ward brings this appeal from his conviction in the Clayton County State Court of two traffic offenses. He insists that he is appearing "in Propria Persona, NOT pro se," and filed his appeal with the Georgia Supreme Court, which promptly forwarded it to this court for consideration of the enumerated errors. Held:
Appellant's enumerations of error, in essence, raise three principal claims of error, with 15 subsections: (1) Lack of jurisdiction of "Persons and Subject Matter," (2) Denial, by the trial court, of his "Demand for Bill of Particulars," and (3) The lack of a transcript being prepared by the trial court.
1. Appellant claims the status of "Citizen de jure ... therefore subject to the protections and object of the national and State constitutions and laws." We have no basis in the record for or against such a claim, but assuming without deciding appellant is a citizen, we care not whether his claim is de jure, de facto, de gratia or de aequitate, as any "citizen" is entitled to all the rights and privileges enjoyed by any person under our federal and state constitutions and laws. On the basis of his citizenship claim, he asserts the State has no jurisdiction over his person "absent a breach of the peace or safety of the community or a deprivation of the life, liberty or property of another individual." This appears to be a challenge to the police power of the state.
"Police power" is a general term used to express the inherent right of every sovereign to legislate for the protection of lives, health, and property of our citizenry, and for the preservation of good order and public morals, and is not subject to any definite limitations, but is coextensive with necessities of the particular situation and safeguard of the public interest. Hayes v. Howell, 251 Ga. 580, 585, 308 S.E.2d 170; accord Pope v. City of Atlanta, 242 Ga. 331, 333-334, 249 S.E.2d 16. Under its police power the State may control generally the operation of motor vehicles upon a public highway, and any constitutional attack upon the exercise of such police power as being unconstitutional is without merit. Lebrun v. State, 255 Ga. 406(1), 339 S.E.2d 227; Andrew v. State, 238 Ga. 433, 434, 233 S.E.2d 209. Hence, the right to operate a motor vehicle upon the public highways of this State is a qualified right which can be exercised only by obtaining a driver's license from the State. Johnston v. State, 236 Ga. 370, 371, 223 S.E.2d 808; accord Keenan v. Hardison, 245 Ga. 599, 602, 266 S.E.2d 205; OCGA § 40-5-20(a). See Lebrun v. State, supra, as to no infringement upon the claim of a "common law freeman" to drive without a license.
Appellant was tried in the Clayton County State Court on two Uniform Traffic Citations--one alleging a "red light violation," and the other--"no license on person." Our statutes authorize trial in a state court of offenses in violation of our traffic code. OCGA § 17-7-71(b). A state court is one which is vested with judicial power of this state. Art. VI, Sec. I, Par. I, Ga. Const. of 1983. An indictment is not required (OCGA § 15-7-46) and an accused may be tried upon the Uniform Traffic Citation. OCGA § 17-7-71(b). The charges of the red light violation and driving without a license on the person are misdemeanor offenses. OCGA §§ 40-5-20; 40-5-29; 40-5-121(a); 40-6-1; 40-6-20. Thus, the State has the power to determine these were traffic violations, these offenses were properly triable in the state court, and the police officer who issued the citations was performing the duties of his office. Carr v. State, 176 Ga.App. 113, 114-115, 335 S.E.2d 622. There was jurisdiction of the subject matter and the person. See Hopkins v. Hopkins, 237 Ga. 845(1), 229 S.E.2d 751.
We have examined the remaining bases argued as error and find them to be without merit.
2. Appellant alleges error in the denial of his "Demand for Bill of Particulars." A "bill of particulars" is not a recognized pleading in the state of Georgia. Brooks v. State, 141 Ga.App. 725, 730(3), 234 S.E.2d 541; Smith v. State, 139 Ga.App. 515, 519(4), 228 S.E.2d 705. Further the purpose of a "bill of particulars" is to inform a defendant of the charges against him in sufficient detail to minimize surprise at trial. United States v. Hawkins, 661 F.2d 436 (5th Cir.1981). The grant of a motion for a bill of particulars lies within the sound discretion of the trial court and an appellate court will reverse only for abuse of that discretion. United States v. Colson, 662 F.2d 1389 (11th Cir.1981). When an indictment or accusation adequately informs an accused of the charges against him and his request for a bill of particulars seeks information beyond that necessary to enable him to prepare for trial and avoid surprise, denial of his motion is neither prejudicial nor an abuse of discretion. United States v. Sherriff, 546 F.2d 604 (5th Cir.1977).
Appellant's demand for a bill of particulars addressed such issues as: (1) Upon "whose sworn complaint" were these charges based? (2) "Is this Court acting as an administrative tribunal?" (3) "Does this Court possess the ability and lawful authority to determine legal issues in the instant matter?" (4) "Does this Court possess the ability and lawful authority to determine statutory law in the instant matter?" (5) (6) "What or who is the corpus delecti?" (7) "Have the citations in the instant matter ever been filed with the Grand Jury of this County?" Clearly, the foregoing examples taken from the so-called bill of particulars are not germane to a determination of any issue properly before the trial court, nor are they of the...
To continue reading
Request your trial
-
Powell v. State
...property, and to preserve good order and public morals. Hayes v. Howell, 251 Ga. 580(2)(b), 308 S.E.2d 170 (1983); Ward v. State, 188 Ga.App. 372(1), 373 S.E.2d 65 (1988). "To justify the State in thus interposing its authority in behalf of the public, it must appear, first that the interes......
-
Freeman v. State
...5. The trial court did not abuse its discretion in refusing to answer appellant's demand for a bill of particulars. Ward v. State, 188 Ga.App. 372(2), 373 S.E.2d 65. A bill of particulars is not a recognized pleading in this state. Id. The accusations in both cases informed appellant of the......
-
Johnson v. State
...State only argues that a printout was obtained from a lawfully connected terminal.") (citations omitted).11 See Ward v. State , 188 Ga. App. 372, 373 (1), 373 S.E.2d 65 (1988) ("the right to operate a motor vehicle upon the public highways of this State is a qualified right which can be exe......
-
Walton v. State
...Regarding the general procedures for obtaining a trial transcript: see generally OCGA § 5-6-41(b), (g) and (i). But see Ward v. State, 188 Ga.App. 372(3), 373 S.E.2d 65 (absent demand for transcript at demanding party's request, the reporting of a misdemeanor case is not required as a matte......