Fancher v. State

Nichols, Presiding Judge.

Under the decision of the Supreme Court in Jones v. Mills, 216 Ga. 616 (118 SE2d 484), the defendant, a justice of the peace, was in the category of *196public officers granted the right to appear before a grand jury before an indictment is returned charging them with malfeasance or misfeasance in office. See also Code §§ 89-9907, 89-9908 and Code Ann. § 40-1617. And certainly false swearing in connection with their compensation would fall into such category.

However, in the present case, as in the Jones case, supra, the defendant waived the privilege granted him under…