Smith v. State

Webb, Judge.

These five appeals from the State Court of Clarke County seek to have overturned the respective convictions of driving under the influence of alcohol.

1. (a) In the Chastain and Foster appeals timely attacks were made upon the accusations on the ground that there were no supporting affidavits. " 'A valid affidavit is essential to support an accusation and without such an affidavit the whole trial is a nullity.’ ” Martin v. State, 139 Ga. App. 8 (228 SE2d 15); Chauncey v. State, 129 Ga. App. 207, 208 (199 SE2d 391). Accord, Willoughby v. State, 137 Ga. App. 789 (225 SE2d 65).

While…