Oliveira v. State
Supreme Court of Georgia
Criminal law. Indictment for malpractice. Arrest of judgment. New trial. Before Judge Schley. Chatham Superior Court. May Term, 1871. The plaintiff in error was put upon trial on the following indictment: “ GEORGIA — Chatham County: The grand jurors, chosen, selected and sworn for the county of Chatham, to-wit: ...................., in the name and behalf of the citizens of Georgia, charge and accuse William D. Oliveira, a Notary Public and ex officio Justice of the Peace of…
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Criminal law. Indictment for malpractice. Arrest of judgment. New trial. Before Judge Schley. Chatham Superior Court. May Term, 1871. The plaintiff in error was put upon trial on the following indictment: “ GEORGIA — Chatham County: The grand jurors, chosen, selected and sworn for the county of Chatham, to-wit: ...................., in the name and behalf of the citizens of Georgia, charge and accuse William D. Oliveira, a Notary Public and ex officio Justice of the Peace of the county and State aforesaid, with the offense of malpractice in office. For that the said William D. Oliveira, in…
1Opinion of the Court
McCay, Judge.
The whole of this provision for the prosecution of public officers for malpractice, indicates the intention of the Legislature that the proceedings shall be guarded with more than ordinary strictness. The accused is entitled to notice of the charge, and to a copy of the bill of indictment, before the bill is found. He has, too, a right to go before the grand jury, to cross-examine the witnesses, and perhaps to bring forward matters in explanation and defense. The Act further provides that the indictment shall “ specially set forth the merits of the complaint.” This is far…
2Cited by6 opinions
- Cadle v. StateCourt of Appeals of Georgia · 1960
- Steele v. StateSupreme Court of Georgia · 1971
- Moore v. StateCourt of Appeals of Georgia · 1940
- James C. Sweeney v. R. P. Balkcom, Jr., WardenCourt of Appeals for the Fifth Circuit · 1966
- Morris v. StateCourt of Appeals of Georgia · 1939
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