Stewart v. State

McMurray, Presiding Judge.

Freddie Stewart was charged in separate indictments in Tattnall County and Bryan County, alleging the unlawful disposition of proceeds received from preneed funeral service contracts, in that Stewart failed to maintain such funds unimpaired in an authorized state bank as required by OCGA § 43-18-96. Stewart moved to dismiss the indictments, contending the statute under which he was charged was unconstitutional. Both the Tattnall Superior Court and the Bryan Superior Court denied the motions to dismiss. Stewart filed notices of direct appeal to the Supreme Court of…