46 Ga. 208 | Ga. | 1872
The defendant was indicted for malpractice in office as a Notary Public and ex-officio Justice of the Peace. On the trial of the case the defendant was found guilty. After the trial a motion was made in arrest of judgment on the following grounds: .First, because the 4432d section of the Code is not applicable to Notaries Public and ex-officio Justices of the Peace; such officers not being embraced within the words or intendment of said section. Second, because the indictment contains three counts, alleging three separate and distinct offenses, committed in three separate and'distinct
One of the grounds contained in the motion for a new trial
There was no error in the refusal of the Court to furnish the defendant with a second copy of the bill of indictment, he having been furnished with one copy before it was sent before the grand jury; the Court did furnish him with a list of the witnesses who testified before the grand jury.
There was no error in overruling the motion for a new trial, on the ground of the admission of Werner’s testimony, (which does not appear to have been objected to at the time,) that he saw a mark made on the papers “canceled,” and de
As to the newly discovered evidence in relation to the custom and practice of other Justices of the Peace in Atlanta, to allow parties charged with misdemeanors, after bond had been given for their appearance to the Superior Court, to come before them and be tried or discharged, or otherwise disposed of, all we have to say is, that if such a custom or practice ever existed, it was in violation of the public laws of the State, and will be much more honored in the breach than in the observance of it. But it is not pretended that this newly discovered evidence will go to show that it was the custom or practice of the Justices of the Peace to receive a pecuniary consideration from defendants who were prosecuted to suppress the warrants and bonds, and not return the same to the Superior Court. In the view which we take of this case we are of the opinion that the judgment of the Court below should be affirmed, and, speaking for myself alone, I have rarely ever seen so many technical objections to a righteous judgment with so little merit in them.
Let the judgment of the Court below be affirmed.