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Lawskills.com Georgia Caselaw
HUNT v. THE STATE.
50346.
MARSHALL, Judge.
Terroristic threats, etc. Meriwether Superior Court. Before Judge Jackson.
92A-2101 et seq.). Appellant contends that his prosecution is barred because of p. 215 (Code Ann. 92A-2115) therein, making "any proceeding under" an arrest by such officers null and void. The denial of this motion was certified for appeal. Held:
This contention has been decided adversely to appellant in Rogers v. State, 133 Ga. App. 513 (211 SE2d 373), where we stated: "The indictment, trial, and conviction of the defendants was not a 'proceeding under' an arrest. . . It is inconceivable to us that the legislature intended to absolve a man of all guilt of a crime charged merely because his arrest was illegal, as contended by the appellant, and we will not so hold."
Eldridge W. Fleming, District Attorney, for appellee.
Steven E. Fanning, for appellant.
ARGUED MARCH 3, 1975 -- DECIDED MAY 9, 1975.
Friday May 22 10:23 EDT


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