125 Ga. 778 | Ga. | 1906
Shuler was convicted of a misdemeanor, in the city court of Bainbridge. The accusation was founded upon an affidavit signed by the prosecutor and made before M. E. O’Neal, notary public of Decatur county, Ga. The charge set forth in the-accusation was, that “the said Nath Shuler, on the 1st day of October in the year 1905, in the county aforesaid, then and there unlawfully and with force and arms did, for - a valuable consideration, sell by retail spirituous, vinous, and malt liquors, without first having taken the oath prescribed by law and without first having obtained a license from the authorities authorized by law to-grant license for the sale of such liquors by retail, contrary to the-laws of said State,” etc. The accusation was signed: “M. E. O’Neal, Solicitor; W. H. Scott, Prosecutor.” The defendant demurred to the accusation, on the grounds: (1) that it was based on an affidavit made before M. E. O’Neal as a commercial notary public, and not before an officer authorized by law to issue warrants; (2) that O’Neal could not lawfully serve in the dual capacity of solicitor of the city court and notary public, as he had attempted to do by framing an accusation upon an affidavit which he had at
In the county court, the statute provides that the judge shall
Judgment affirmed.