Williams v. State
Supreme Court of Georgia
Questions of constitutional law; from Court of Appeals. 4035. The Court of Appeals desires the instruction of the Supreme Court on the following questions, to wit: “Is so much of the act approved August 18, 1911 (Acts 1911, p. 229), amending the act creating the city court of Blakely, as provides that where a defendant in the city court of Blakely demands an indictment by the grand jury and the judge of the city court thereupon allows the demand and binds the defendant over…
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Questions of constitutional law; from Court of Appeals. 4035. The Court of Appeals desires the instruction of the Supreme Court on the following questions, to wit: “Is so much of the act approved August 18, 1911 (Acts 1911, p. 229), amending the act creating the city court of Blakely, as provides that where a defendant in the city court of Blakely demands an indictment by the grand jury and the judge of the city court thereupon allows the demand and binds the defendant over to the grand jury for action, and which provides that upon indictment by the grand jury for a misdemeanor the judge of…
1Opinion of the CourtEvans, P. J.
In the act of 1911, amendatory of the act establishing the city court of Blakely, it is provided that if any defendant upon the original call of his case shall demand indictment by the grand jury, the court shall bind him over in a reasonable bond to answer to any true bill of indictment that may be returned by the grand jury against him, and that “If the grand jury return a true bill for a misdemeanor in the matter, the judge of the superior court shall transfer the same to the city court for trial.” Acts 1911, p. 229. There can be no doubt that the clause was intended to be mandatory in its…
2Cases cited1 opinion
- Porter v. StateSupreme Court of Georgia · 1874
3Cited by11 opinions
- Johnson v. StateSupreme Court of Georgia · 1930
- Orr v. RileySupreme Court of Georgia · 1925
- Nobles v. StateCourt of Appeals of Georgia · 1950
- Sentence Review Panel v. MoseleySupreme Court of Georgia · 2008
- Sampson v. HarrisSupreme Court of Georgia · 1917
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