Rosenblatt v. State
Court of Appeals of Georgia
Certiorari, from Ben Hill superior court — Judge Whipple. July 13, 1907. The defendant was indicted by the grand jury of Ben Hill county, for illegally selling liquor. The case was transferred, for trial, to the city court of Fitzgerald.
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Certiorari, from Ben Hill superior court — Judge Whipple. July 13, 1907. The defendant was indicted by the grand jury of Ben Hill county, for illegally selling liquor. The case was transferred, for trial, to the city court of Fitzgerald. The defendant filed a plea in abatement, which alleged, among other things, that the- indictment against him was void, because: (1) The jury commissioners, appointed to select the grand jury which found the indictment against him, did not, before entering upon their duties, subscribe the oath required by the Penal Code, §814; and (2), under the act creating…
1Opinion of the CourtPowell, J.
(After stating the facts.)
The judgment of the trial court overruliiag the certiorari will be affirmed, for several reasons. First, there having been an issue *651of fact as to whether the jury commissioners drew the list before or after they subscribed the oath, the finding of the trial court as to that is final. Further, if they were not de jure officers, their acts as de facto officers were not invalid. Ledbetter v. State, ante, 631 (58 S. E. 1106). Also, “the official acts of an officer are none the less valid for his omission to take and file the oath, unless in cajses when so specifically…
2Cases cited3 opinions
- McLain v. StateSupreme Court of Georgia · 1883
- Roby v. StateSupreme Court of Georgia · 1885
- Ledbetter v. StateCourt of Appeals of Georgia · 1907
3Cited by5 opinions
- Cole v. Illinois Sewing Machine Co.Court of Appeals of Georgia · 1910
- Philpot v. WellsCourt of Appeals of Georgia · 1943
- Skinner v. ElliottCourt of Appeals of Georgia · 1916
- Arnold v. RaganCourt of Appeals of Georgia · 1908
- Worthy v. StateCourt of Appeals of Georgia · 2010