OCGA § 17-7-71(a) requires a supporting affidavit only in misdemeanor cases where the accusation is to be used as the basis for the issuance of an arrest warrant. See State v. Litz, 210 Ga. App. 200 ( 435 S.E.2d 724) (1993); Blankenship v. State, 208 Ga. App. 710, 711 ( 431 S.E.2d 481) (1993); State v. Scoggins, 196 Ga. App. 781 ( 397 S.E.2d 50) (1990). Cochran has failed to cite a single case holding that OCGA § 17-7-71(a) requires that an affidavit in support of a misdemeanor accusation be filed within the statute of limitations or that the affidavit be filed contemporaneously with the accusation, and our research reveals none.
The accusation need not be supported by an affidavit except in those cases where the defendant has not been previously arrested in conjunction with the transaction charged in the accusation and the accusation is to be used as the basis for the issuance of a warrant for the arrest of the defendant. See also Blankenship v. State, 208 Ga. App. 710 ( 431 S.E.2d 481) (1993). In the instant case, no affidavit was required because both exceptions were met. Brown was arrested for the charged offenses at the scene.
And under OCGA § 17-7-71 (a), an accusation need not be supported by an affidavit if the defendant has been previously arrested "in conjunction with the transaction charged in the accusation," which was the case here. See Blankenship v. State, 208 Ga. App. 710, 711 ( 431 S.E.2d 481) (1993). We note that Cargile v. State, 244 Ga. 871, 874 (2) ( 262 S.E.2d 87) (1979), relied upon by Smith, was decided before the enactment of OCGA § 17-7-71 in 1980.