Mitchell v. State

CATES, Judge.

This is an appeal from a judgment on an original misdemeanor complaint brought and tried in the DeKalb Superior Court. See Code 1940, T. 15, § 119, and § 7 of Act No. 637 of September 18, 1957 (1957 Acts, p. 956, 957). This latter section provides for trial of a misdemeanor on a complaining affidavit “as though the defendant had been indicted by a grand jury.”

Mitchell was convicted by a jury on a complaint reading:

“Before me, Herbert G. Tate, Clerk of the DeKalb County Superior Court, of said County, personally appeared John L. McGriff who, being duly sworn, deposes and says that…