Edmondson v. State
Supreme Court of Georgia
Accusation of carrying concealed weapons. Before Judge Clark. City court of Macon. March 29, 1905. An affidavit was made before the judge of the city court of Macon, as a foundation for an accusation charging the defendant with the offense of carrying a concealed weapon, under the act of August 14, 1885, creating the city court of Macon (Acts of 1884-5, pp. 475-6). The defendant was related to the judge of that court.
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Accusation of carrying concealed weapons. Before Judge Clark. City court of Macon. March 29, 1905. An affidavit was made before the judge of the city court of Macon, as a foundation for an accusation charging the defendant with the offense of carrying a concealed weapon, under the act of August 14, 1885, creating the city court of Macon (Acts of 1884-5, pp. 475-6). The defendant was related to the judge of that court. The judge considered himself disqualified to act, and an 'application, was made to the judge of the superior court of the circuit. He administered the oath to the prosecutor and…
1Opinion of the CourtLumpkin, J.
(After stating the facts.) 1. The act of August 14, 1885 (Acts 1884-5, pp. 475-6, §30), provides, “That the defendants in criminal cases in said city court of Macon may be tried on written accusation setting forth plainly the offense charged, founded' on affidavit made by the prosecutor; said affidavit shall be made before said judge, and said accusation shall be signed by the prosecutor and the prosecuting officer in said court.” It is contended that the judge of the city court was disqualified from taking and attesting the affidavit, because of his relationship to the defendant. It is not…
2Cases cited9 opinions
- Herring v. StateSupreme Court of Georgia · 1904
- Ex parte GistSupreme Court of Alabama · 1855
- Ivey v. StateSupreme Court of Georgia · 1900
- Thornton v. WilsonSupreme Court of Georgia · 1876
- Johnson v. ShurleySupreme Court of Georgia · 1877
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3Cited by2 opinions
- Cox v. StateCourt of Appeals of Georgia · 1917
- Garrett v. StateCourt of Appeals of Georgia · 1916