Georgia Court of Appeals, 1913

Central Georgia Power Co. v. State

Central Georgia Power Co. v. State
Georgia Court of Appeals · Decided February 11, 1913 · Russell
12 Ga. App. 260; 77 S.E. 107; 1913 Ga. App. LEXIS 530

Central Georgia Power Co. v. State

Opinion of the Court

Russell, J.

This case is controlled by the decisions of this court in Progress Club v. State, ante, (76 S. E. 1029), and Brunswick-Oglethorpe Club v. State, ante, 180 (76 S. E. 1034). The defendant corporation was charged by accusation, and not by indictment or presentment of a grand jury; and it being, therefore, impossible, under the provisions of the Penal Code, § 963, for the court to have obtained jurisdiction, all of the proceedings in the trial were nugatory, and a consideration of any of the assignments of error is thereby precluded.

Judgment reversed.

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