127 Ga. 285 | Ga. | 1907
The accused was indicted for the offense of selling, giving, and furnishing liquor within two miles of an election precinct at which an election was being held. The election was a. special election for a justice of the peace in a district in which a. vacancy had occurred. A demurrer upon various grounds- was in
A justice of the peace is not a municipal officer in any sense. A justice of the peace sometimes performs functions which, under other circumstances, are performed by a county officer. While a justice of the peace might possibly be classed as in a certain sense .a county officer, this is really not the true way of designating the office that he holds. The justice court over which he presides is a part of the State judicial system. It is a constitutional court, and there is constitutional provision for his election by the legal voters of his district. He is an officer of the State. While his functions can be exercised o'nly in a given county, and generally in the district of his residence only, he is nevertheless an officer of
Judgment affirmed.