Domin v. State

(After stating the foregoing facts.) Obviously both the demurrer to the indictment and the plea seeking to test the validity of the election were interposed by counsel for the defendant under the authority of Glass v. State, 75 Ga. App. 602 (44 S. E. 2d, 143), wherein such defenses were invited by the second division of this court as it was then constituted, which opinion was prepared by the writer. This case has been attacked by the solicitor-general as being in conflict with certain Supreme Court decisions and in some respects as being obiter. A thorough consideration and a frank discussion…