Eady v. State

Decided March 19, 1912

Court of Appeals of Georgia · decided 1912-03-19

<p>Accusation of gaming; from city court of Blackshear — Judge Milton.</p>

Key passage — most relied on by later courts

“a prosecutor is one who instigates a prosecution by making an affidavit charging a named person with the commission of a penal offense, on which a warrant is issued or an indictment or accusation is based.”

quoted by 3 later decisions, including 168 Ga. App. 214 - McKee v. State, In Re CEH

Good law ✅— No negative treatment on recordhow we know

Decided 1912-03-19

How this case has been cited

Cited by 16 later decisions — most recently March 2009

16 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Hill, C. J.

¶11. A prosecutor is one who instigates a prosecution by making an affidavit charging a named person with the commission of a penal offense, on which a warrant is issued or an indictment or accusation is based. 6 Words & Phrases Judicially Defined, 5739.

¶22. An act of the legislature creating a city court, which provides that “defendants in criminal eases . . shall be tried on a written accusation . . founded upon the affidavit of the prosecutor,” is fully complied with by a written accusation filed in the court, signed by the solicitor of the court, which recites that it is founded upon a desig*819liated affidavit, set out in full immediately preceding the accusation, and referred to therein as the “above and foregoing affidavit.”

Decided March 19, 1912.

Accusation of gaming; from city court of Blackshear — Judge Milton.

December 12, 1911. E. H. Williams, for plaintiff in error. S. F. Memory, solicitor, contra.

¶3 Judgment affirmed.