Garland v. State of Georgia

Nichols, Presiding Judge.

I concur in the opinion as prepared by Judge Russell. During the oral argument before this court the question of the propriety of the writer of this concurrence hearing the case was raised by the State since he was subpoenaed and testified on the trial of the case as to the reputation of the respondent, and while no formal motion was made I feel that such argument by the State should be answered.

Code Ann. § 24-102 provides the only grounds upon which a judge of this court is disqualified from hearing a case. This Code section provides: “No judge or justice of any…