MARTIN v. STATE

52250.

139 Ga. App. 8 (1976)

228 S.E.2d 15

MARTIN v. THE STATE.

Court of Appeals of Georgia.

Decided June 11, 1976.


Attorney(s) appearing for the Case

Guy B. Scott, Jr., for appellant.

Ken Stula, Solicitor, for appellee.


CLARK, Judge.

Defendant was charged by accusation with driving under the influence of alcohol. He was convicted in his trial before a jury and now appeals. Held:

1. Defendant correctly argues that the absence of an affidavit, upon which an accusation must be based, rendered the criminal proceedings null and void. "A valid affidavit is essential to support an accusation and without such an affidavit the whole trial is a nullity." Chauncey v. State...

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