Martin v. State

Clark, Judge.

Defendant was charged by accusation with driving under the influence of alcohol. He was convicted in his trial before a jury and now appeals. Held:

1. Defendant correctly argues that the absence of an affidavit, upon which an accusation must be based, rendered the criminal proceedings null and void. "A valid affidavit is essential to support an accusation and without such an affidavit the whole trial is a nullity.” Chauncey v. State, 129 Ga. App. 207, 208 (199 SE2d 391). The great Logan Bleckley described the situation in this colorful language: "A valid affidavit being wanting,…