Byington v. State

Full title: BYINGTON v. THE STATE

Court: Court of Appeals of Georgia

Date published: Nov 28, 1962

129 S.E.2d 207 (Ga. Ct. App. 1962)

129 S.E.2d 207

Opinion

39318.

DECIDED NOVEMBER 28, 1962.

Barratry. Polk City Court. Before Judge Flournoy.

Covington, Kilpatrick Storey, J. S. Kilpatrick, Sell Comer, E. S. Sell, Jr., for plaintiff in error.

Wayne W. Gammon, Solicitor, contra.

FRANKUM, Judge.

The judgment of this court in Byington v. State, 106 Ga. App. 247 ( 126 S.E.2d 698), has been reversed by the Supreme Court, and, in so doing, that court held: "The indictment charged the defendant with no violation of a public law. The holding of the Court of Appeals to the contrary and the defendant's conviction are accordingly reversed." Byington v. State, 218 Ga. 440 ( 128 S.E.2d 329). Therefore, the said judgment of this court is hereby vacated and set aside, and the judgment of the trial court overruling the defendant's demurrer to the indictment is reversed in accordance with the judgment of the Supreme Court.

Judgment reversed. Nichols, P. J., and Jordan, J., concur.

DECIDED NOVEMBER 28, 1962.