119 Ga. 179 | Ga. | 1903
At the February terra, 1900, of the superior . court of Greene county, an indictment was returned by the grand jury of that county against R. A. Williams, charging him with a misdemeanor, “ for that the said R. A. Williams, in the county aforesaid, on the 15th day of December, in the year of our Lord eighteen hundred and ninety-nine, with force and arms, and on divers other days and times, without first procuring license as re
Passing the question as to whether a principal and his sureties in a criminal recognizance, requiring the principal to appear and answer an indictment already found, can, as a defense against a forfeiture of their bond, attack the indictment as void, it need only be said that this court has in the following cases held, that, in defense of a proceeding to forfeit a criminal bond, it may be shown that the indictment is a nullity. See State v. Lockhart, 24 Ga. 420; State v. Woodley, 25 Ga. 235; McDaniel v. Campbell, 78 Ga. 188; Candler v. Kirksey, 113 Ga. 309. The indictment under consideration in the present case seems to charge a violation of the tax act of 1898, the 4th section of which makes penal a failure to pay the tax provided for in the tenth subdivision of sec
Judgment affirmed.