Sanderson v. State

Pope, Presiding Judge.

Defendant, a police officer, was charged by accusation in state court with two counts of simple battery, a misdemeanor. We granted this interlocutory appeal to determine whether defendant, as a police officer, was entitled to be indicted by a grand jury on the misdemeanor charges. The trial court answered this question in the negative and denied defendant’s plea in abatement. We agree and affirm.

*52Decided March 17, 1995 Reconsideration denied March 29, 1995 Donald C. English, for appellant.

OCGA § 45-11-4 provides that if a public official is indicted for misconduct in…