43 Ga. App. 89 | Ga. Ct. App. | 1931
An indictment was drawn by the solicitor-general against Prances Parker, on which the name of Jule Sampson (plaintiff in error) was entered as prosecutor. The indictment was returned into court by the grand jury as “no bill,” with an entry thereon of malicious prosecution. The judge of the superior court passed an order adjudging Sampson in contempt of court, and directing that he be held in jail until he paid the cost in the case. He filed a petition denying that he was the prosecutor, and moved to vacate and set aside this order; and the trial judge suspended the enforcement of the jail'sentence, but overruled the motion to vacate and set aside the judgment. To the judgment refusing to vacate and set aside the defendant excepts, assigning error thereon.
This ease can be settled by determining whether or not the said Sampson was in legal contemplation the prosecutor. Section 1109 of the Penal Code of Georgia says in part: “The prosecutor’s name shall be endorsed on every indictment, and he shall be compelled to pay all costs and jail fees upon the acquittal or discharge of the person accused. 1. When the grand jury, by
Judgment reversed.