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123 Ga. 538

Shivers v. State

Supreme Court of Georgia

Decided August 1, 1905

Supreme Court of Georgia · decided 1905-08-01

<p>Certiorari. Before Judge Spence. Worth superior court. April '24, 1905.</p>

Decided 1905-08-01

Fish, P. J.

¶11. For one charged, under an accusation in the county court, with a misdemeanor to avail himself of the right to demand an indictment, he must make such demand in “a writing signed by him.” Penal Code, § 751. An oral demand made by his counsel is not sufficient.

¶22. It is not essential that such accusation charge the commission of the crime on the same day as that alleged in the warrant upon which the accusation is based.

¶33. The evidence warranted the verdict, and the certiorari was properly overruled.

¶4Judgment affirmed.

All the Justices concur, except Simmons, C. J., absent.
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