Lovett v. The State (Two Cases)., 111 Ga. App. 295, 141 S.E.2d 595 (1965)

Georgia Court Of Appeals

Status: DECIDED

Docket Number: 41168

Parts: EBERHARDT, Judge.

Linked as:

Summary

Judgments reversed. Nichols, P. J., and Pannell, J., concur.

Summary

Judgments reversed. Nichols, P. J., and Pannell, J., concur.

Text

Limerick L. Odom, for plaintiff in error.

Prior to 1962, the Code sections dealing with the form and contents of affidavits and warrants provided that a substantial compliance with their provisions would be sufficient. See former Code 27-104, 27-105. A case on all fours with the present case, decided under these former Code sections, held the demurrer properly overruled. Williams v. State, 211 Ga. 197 (4) (84 SE2d 561).

Harry H. Hunter, Solicitor, contra.

Notes:

1. Former Code 27-104, setting out the form of affidavit for arrest, began "An affidavit substantially complying with the following form shall, in all cases be sufficient . . ." (Emphasis added). The new law begins "An affidavit complying with the following form shall, in all cases, be sufficient . . ." The warrant form section (Code Ann. 27-105) was identically changed.