Murray v. State

1. “ 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.” Eady v. State, 10 Ga. App. 818 (1) (74 S. E. 303). Under this ruling and the facts of the instant case the judge, sitting as the trior of the facts, was authorized to find that the sheriff of the city court of Black-shear was not the prosecutor in the case, and the overruling of the challenge to the array of the jurors put upon the defendant…