Sheffield v. Oliver 94 Ga. 500

Sheffield v. Oliver, judge.

Under section 299(f) of the code, a county solicitor is not entitled to any fee in a criminal case unless the same is actually tried. Consequently, where a warrant was sued out against one charged with a misdemeanor, which warrant was returned to the county court, and the solicitor thereupon prepared an accusation which the prosecutor in the warrant refused to sign, the latter was not liable to pay any costs to the solicitor, and the county judge was right in so adjudging.

April 16, 1894.

Argued at the last term.

Petition for mandamus. Before Judge Griggs. Early superior court. October term, 1893.

William D. Kiddoo, for plaintiff. E. H. Powell & Son and H. C. Sheffield, for defendant.