State v. Scoggins

Deen, Presiding Judge.

On October 18, 1989, appellee Scoggins was charged by accusation with simple battery, OCGA § 16-5-23. His trial began April 25, 1990, but after the close of the evidence and before the case was submitted to the jury, the trial judge sua sponte entered an order dismissing the charges and declaring the case “a nullity because the State failed to attach an affidavit to the accusation as is required . . . [by] OCGA § 17-7-71.” The State moved for expedited appeal, and we granted the motion May 22, 1990.

The cited statute provides as follows: “In all misdemeanor cases in…