HILLIARD v. STATE

34536.

87 Ga. App. 769 (1953)

75 S.E.2d 173

HILLIARD v. THE STATE.

Court of Appeals of Georgia.

Decided March 13, 1953.


Attorney(s) appearing for the Case

Fred A. Gillen, for plaintiff in error.

E. P. Shull, Solicitor, contra.


GARDNER, P. J.

As we view the questions presented by the record now before this court, we are confronted with this question: Can a defendant be lawfully sentenced in a misdemeanor case, where he enters a plea of guilty to an accusation which is void, in that therein no offense is charged? This brings up for determination whether or not the accusation stated an offense. Code § 58-209 provides: "It shall be unlawful for any . . individual to knowingly permit or...

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