102 Ga. 264 | Ga. | 1897
Brantley brought an action to recover damages against Hicks for a malicious prosecution.. There was a verdict for the plaintiff, and a motion for a new trial, which was overruled. The motion was on the general grounds, and alleged error in giving to the jury certain charges, and in refusing to charge as requested. The legal questions involved are dealt with by us as indicated in the headnotes of the case, and as therein set out.
The fourth ground of the motion for a new trial in this case alleges error, because the court refused to charge the jury, in substance, that if the defendant made to the solicitor-general a truthful statement of the evidence in the case, giving the names of witnesses who furnished him the evidence, and the solicitor-general made a mistake either in classifying the offense or in advising that any offense had been committed, the defendant is not responsible for the mistake of the solicitor-general, and if he acted in good faith and without malice and upon the advice of the solicitor-general, the law relieves him from all liability. The substance of this request as a legal proposition is, we think, good law. It will be noted that the provisions of our Civil Code, §4420, supra, to the effect that clients shall not be relieved from liability on the advice of counsel, refers to private counsel and counsel employed by the prosecutor himself for the purpose of giving advice. The opening words of the section clearly indicate this meaning: clients shall not be relieved, etc. A solicitor-general or prosecuting officer for a particular circuit has only the State for a client. He can not be employed by a private person to prosecute a case, nor to give advice. His is a public duty. He represents the entire public. He is an officer commissioned by the State to perform certain duties. These are in part prescribed by the statute'. Civil Code, § 4392. Among his duties, as therein enumerated, he is to draw up all indictments and prosecute all indictable offenses; and by the 11th paragraph of the section, he is to perform such other duties as may necessarily appertain to his office. As a prosecuting officer, the office of solicitor-general is a very responsible and important one. He is attorney and agent of the government in whatever concerns his office. He is to determine whether or not to commence a particular prosecution, or to discontinue one already begun. If it be not foi; the public interest to punish the doer
The court below erred in refusing to grant a new trial; and accordingly the
Judgment is reversed.