115 Ga. 819 | Ga. | 1902
Daughtry was arraigned in the city court of Waynesboro, charged with the commission of a misdemeanor. He objected to being tried until he had been indicted by the grand jury of-Burke county. The court overruled this objection, and compelled him to go to trial. Before pleading to the merits, he objected to being tried at all in the city court of Waynesboro, for the reason that that court was not established pursuant to law, urging, as grounds of objection, various reasons which will hereafter be referred to, The court overruled these objections. The accused then ■entered a plea of not guilty, and the trial resulted in his conviction.
The act establishing the city court of Waynesboro provides that persons arraigned in that court, charged with a violation of the: criminal laws of this State, “ shall not have the right to demand an indictment by the grand jury of the county of Burke.” Acts 1901, p. 201. There is nothing in the constitution of this State or of the United States which guarantees to a person charged with a misdemeanor the right to demand an indictment by the grand jury. Gordon v. State, 102 Ga. 673; Welborne v. Donaldson, 115 Ga. 563. It was therefore competent for the General Assembly, in. creating the city court of Waynesboro, to provide that persons arraigned in that court for misdemeanor offenses should not have the right to demand an indictment by the grand jury of Burke county.
We will now deal with the various objections urged to the legality of the act establishing the city court of Waynesboro. It is contended that the act is unconstitutional, for the reason that it is a special law, and that at the time of its enactment there was a general law of force in this State providing how city courts in counties having a population of ten thousand or more should be-created, and defining the powers and jurisdiction of such courts when established, the law referred to being embraced in the Civil Code, § 4270 et seep The act creating the city court of Waynesboro is said to be in conflict with this general law, for the reason that at the time of the passage of such special laAv the county of Burke had a population exceeding ten thousand. It was held in Thomas v. Austin, 103 Ga. 701, that the law embodied in the code sections above referred to was not such a general law as to-prevent the General Assembly from establishing by special act a city court in one of the counties of this State. Another ground of objection to the act was that the same provided that all cases should be tried by a jury of six, by striking from a panel of twelve, when the constitution provides that all cases in city courts shall be tried by juries of not less than twelve. The General Assembly has no power to create a city court, within the meaning of that term as it is used in the constitution, and provide that cases tried therein shall be
Judgment affirmed.