136 Ga. App. 44 | Ga. Ct. App. | 1975
In Walls v. State, 111 Ga. App. 337 (141 SE2d 606) it was held that the fact that the principal in a bail bond,
This case is apparently the first to require an interpretation of Ga. L. 1965, p. 266. In light of this, we are compelled to look to the Walls case and Code Ann. § 102-102 (9) which provides that in all interpretations, the courts shall look diligently for the intention of the General Assembly, keeping in view, at all times, the old law, the evil and the remedy. When this is done, we can reach but one conclusion: that the intention of the General Assembly in Ga. L. 1965, p. 266, was to supply a remedy (Code Ann. § 110-313) for the exigency of the old law (the Walls decision).
The record here reveals that appellant offered the sworn affidavit of the superintendent of the North Carolina prison in which the principal was incarcerated. The statute makes specific provision that such an affidavit shall be adequate proof that the principal is detained. The appellant having fully complied with the provisions of Code Ann. § 110-313, it was error to enter judgment against him decreeing the forfeiture of the appearance bond.
Judgment reversed.