Eady v. State

Hill, C. J. 1. A prosecutor is one who instigates a prosecution by making an affidavit charging a named person with the commission of a penal offense, on which a warrant is issued or an indictment or accusation is based. 6 Words & Phrases Judicially Defined, 5739. 2. An act of the legislature creating a city court, which provides that “defendants in criminal eases . . shall be tried on a written accusation . . founded upon the affidavit of the prosecutor,” is fully complied with by a written accusation filed in the court, signed by the solicitor of the court, which recites that it is founded upon a desig [819] liated affidavit, set out in full immediately preceding the accusation, and referred to therein as the “above and foregoing affidavit.” Decided March 19, 1912. Accusation of gaming; from city court of Blackshear — Judge Milton. December 12, 1911. E. H. Williams, for plaintiff in error. S. F. Memory, solicitor, contra. Judgment affirmed.