State v. Burrell

Benham, Judge.

Appellee, a member of the Rabun County Board of Commissioners, was indicted for malpractice in office, a penal offense prohibited by OCGA § 45-11-4. The State appeals the trial court’s order dismissing the indictment. OCGA § 5-7-1 (1).

The one-count indictment alleged that appellee, “being a member of the Board of Commissioners of Rabun County and while acting in his official capacity in the administration and under the color of his office, allow[ed] and cause[d] certain equipment, property of Rabun County, to wit: County trucks to be used for private business, to wit: the…