Hunt v. State

Full title: HUNT v. THE STATE. SADDLER v. THE STATE

Court: Supreme Court of Georgia

Date published: Jul 12, 1972

190 S.E.2d 904 (Ga. 1972)

229 Ga. 333

Opinion

27227, 27228.

SUBMITTED JUNE 12, 1972.

DECIDED JULY 12, 1972.

Violation of public officer's oath; constitutional question. Houston Superior Court. Before Judge Hunt.

Aultman, Hulbert, Cowart Daniel, Robert L. Hartley, Jr., for appellants.

R. Avon Buice, District Attorney, for appellee.

MOBLEY, Chief Justice.

The appellants in these cases, councilmen of the City of Warner Robins, are co-indictees with the appellant in Beckman v. State, 229 Ga. 327. Under the decision in the Beckman case the presentments against these appellants are invalid, since they do not charge a violation of a penal law, and the demurrers making this contention should have been sustained.

Judgments reversed. All the Justices concur.

MOBLEY, Chief Justice.

SUBMITTED JUNE 12, 1972 — DECIDED JULY 12, 1972.