11 Ga. App. 261 | Ga. Ct. App. | 1912
The act creating the city court of Americus provides that “defendants in criminal eases in said city court of Americus may be tried on written accusation setting forth plainly the offense charged, founded on affidavit made by the prosecutor,” and that upon such affidavit and accusation being filed in the office of the clerk of the city court, it shall be the duty of the judge to issue a warrant for the arrest and apprehension of the defendant. Acts 1900, p. 100, § 30. An affidavit was made and filed, charging the plaintiff in error with the offense of selling intoxicating liquors, and upon this affidavit an accusation was drawn, containing two counts. The first count charged the sale of intoxicating liquors, and the second count charged that the accused kept on hand intoxicating liquors at his place of business. On arraignment the accused moved to quash the accusation, upon the ground that it was broader than the affidavit upon which it was founded, in that in the second count the accused was charged with keeping intoxicating liquors on hand at his place of business, and the affidavit charged only the sale of intoxicating liquors. The motion to quash was overruled, and exceptions pendente lite were duly certified and filed, complaining of this ruling. The accused was convicted both of selling whisky and of keeping it on hand at his place of business. His motion for new trial was overruled, and a writ of error has been sued out to this court, complaining of this judgment and also assigning error upon the exceptions pendente lite.
An affidavit which charges the accused generally with the com
Judgment reversed.