22 Ga. App. 126 | Ga. Ct. App. | 1918
The indictment charged the accused with receiving certain stolen brasses, the property of the Atlanta, Birmingham & Atlantic Railway Company, knowing that they had been stolen. He filed a plea in abatement to quash the indictment upon-the ground that the solicitor-general was interested, and therefore disqualified to represent the State in obtaining the indictment. The plea set up that the Atlanta, Birmingham & Atlantic Railway Company was the real prosecutor and had claimed the entire amount of the brass, and that the solicitor-general was local attorney for the railway company, and was representing the railway company in the assertion of its claim, adversely to the claim of the defendant. The plea further alleged that the solicitor-general was interested as paid attorney in the representation of the claim of the railway company to the brass, and was interested by reason of his regular employment by said railway company. Upon the issue thus made a jury was sworn and evidence introduced. The evi
Neither did the trial judge err in directing a verdict against the defendant on the issue made by this plea. It was insisted that the issue should have been submitted to the jury; but, conceding everything that was shown on behalf of defendant, there was no issue of fact for ajury. The facts, considered most strongly in behalfiof the defendant, showed no legal disqualification of the solicitor-general and no reason for quashing the indictment. In the ease of Spencer v. State, 125 Ga. 255 (54 S. E. 144), Mr. Justice Beck, speak
Judgment reversed.