17 Ga. App. 775 | Ga. Ct. App. | 1916
A difficulty occurred between Walter Willamon, the defendant in this case, and Boger Bay, the prosecutor. The grand jury returned a true bill against Willamon for assault with intent to murder. Willamon swore out warrants against Bay for assault and battery, carrying concealed weapons, and unlawfully pointing a pistol at another. Bay had waived a preliminary trial
We are not required to decide upon the propriety or “good taste” of the solicitor of the city court of Floyd county in accepting employment from one whom he would soon be called upon to prosecute in his own court. We can not, however, assume in advance that when that time arrives he will not do his full duty as a prosecuting officer of the State. And if in fact, as contended by the plaintiff in error, the solicitor, by reason of his acceptance of this employment from the prosecutor in this case, would be disqualified from thereafter prosecuting the latter in another case, we know of no law under which this point could be raised in this case. It would of necessity, if presented at all, have to be raised by the present prosecutor when put on trial in the city court. No one else would have the right to make the objection at that time, and certainly the plaintiff in error in this case can not make it now. The instant case, in its facts and in principle, differs widely from that of
The verdict was authorized by the evidence, no error of law appears, and the court did not err in overruling the motion for a new trial. Judgment affirmed.