Jones v. Mills, 118 S.E.2d 484 (Ga. 1961). · Go Syfert
Jones v. Mills, 118 S.E.2d 484 (Ga. 1961). Cases Citing This Book View Copy Cite
40 citation events (4 in the last 25 years) across 3 distinct courts.
Strongest positive: RILEY, COMMISSIONER v. GEORGIA ASSOCIATION OF CLUB EXECUTIVES, INC.; And Vice Versa (ga, 2022-03-08)
Treatment trajectory · 1961 → 2026 · click a year to view as-of
1961 1993 2026
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) RILEY, COMMISSIONER v. GEORGIA ASSOCIATION OF CLUB EXECUTIVES, INC.; And Vice Versa (2×)
Ga. · 2022 · confidence medium
For former Georgia Evidence Code cases, see Irwin v. Busbee, 241 Ga. 567, 568 (247 SE2d 103) (1978) (“This [C]ourt will take judicial notice of the identity of an incumbent holding public office in this state on a particular date.” (citation omitted) (decided under former Code 1933, § 38-112)); Jones v. Mills, 216 Ga. 616, 617-618 (118 SE2d 484) (1961) (“This [C]ourt is bound to take 7 Because Riley was no longer Revenue Commissioner at the time the trial court entered its summary judgment order and subsequent final judgment, an injunction against her in her individual capacity could no…
cited Cited as authority (rule) Thompson v. State
Ga. · 1989 · confidence medium
OCGA § 17-7-111; Jones v. Mills, 216 Ga. 616, 618 (2) ( 118 SE2d 484 ) (1961). 2.
discussed Cited as authority (rule) Douglas v. State (2×)
Ga. Ct. App. · 1974 · confidence medium
I concur fully in the pronouncements by the majority, and add thereto as follows: This was much too late to make the motion, and defendant had waived same by pleading to the merits (not guilty) without raising this question. *697 This is nothing more than an effort to file a special plea in bar to the indictment, and "if such pleas are not made preliminary to the trial they are held to be waived in contemplation of law," as is held in Jones v. Mills, 216 Ga. 616, at 618 ( 118 SE2d 484 ).
Retrieving the full opinion text from the archive…
JONES
v.
MILLS, Warden
21114.
Supreme Court of Georgia.
Feb 9, 1961.
118 S.E.2d 484
Grigsby H. Wotton, D. R. Jones, for plaintiff in error., Paul Webb, Solicitor-General, Carl B. Copeland, Eugene L. Tiller, contra.
Head.
Cited by 18 opinions  |  Published
Head, Presiding Justice.

The petitioner alleges that, at the time of his indictment, he was a “State official.” Each of the six counts of the indictment charged the petitioner, Jim E. Jones, with a felony, it being charged that, while “Director of the Motor Fuel Tax Unit of the Department of Revenue of the State of Georgia,” he committed the acts and crimes charged in the indictment.

“An individual who has been appointed or elected in a manner prescribed by law, who has a designation or title given him by law, and who' exercises functions concerning the public, assigned to him by law, is a public officer.” Bradford v. Justices of Inferior Court, 33 Ga. 332 (2); Polk v. James, 68 Ga. 128; Wiley v. City of Sparta, 154 Ga. 1, 14 (114 S. E. 45, 25 A. L. R. 1342); Bank of Chatsworth v. Hagedorn Construction Co., 156 Ga. 348, 358 (119 S. E. 28).

This court is required to take judicial cognizance of “all laws and resolutions of the General Assembly.” Code § 38-112. “This court is bound to take notice of who are the public officers of this State, where the law requires such officers to be commissioned by the Governor; . . .” Ponder v. Shumans, 80 Ga. 505 (2) (5 S. E. 502); Abrams v. State, 121 Ga. 170 (48[*618] S. E. 965); Powell v. Hansard, 206 Ga. 505, 509 (57 S. E. 2d 677).

Under the Constitution and laws of this State, there is no such office, and no such official, as “Director of the Motor Fuel Tax Unit of the Department of Revenue of the State of Georgia,” and under the applicable rules of law, we take judicial notice that there has been no oath of office administered by the Governor, nor any commission issued by the Governor, to any such officer or official as Director of the Motor Fuel Tax Unit of the Department of Revenue, pursuant to Code §§ 89-201 and 89-202. There being no such office, and no such official, under the Constitution and laws of this State, the petitioner was not entitled to the rights provided by Code Ann. § 40-1617 (which was enacted pursuant to the provisions of Code §§ 89-9907 and 89-9908), and applicable only to State officials who hold an office created under the Constitution or laws of this State.

Under the authority delegated to the State Revenue Commissioner of the Department of Revenue of the State of Georgia, he may, for any reason satisfactory to himself, designate a person as “Director” of some “Tax Unit,” but such designation by the State Revenue Commissioner can not create an office or official, and the person so designated by the State Revenue Commissioner is not a State official or public official within the terms and provisions of Code Ann. § 40-1617. Each count of the indictment in clear, definite, and specific terms charged Jim E. Jones with a felony; and, since there was no such office as Director of the Motor Fuel Tax Unit of the Department of Revenue, this designation of the petitioner as such director in the indictment would not make the indictment void as now contended by him.

2. Under the law of this State, the prisoner, upon being arraigned, may demur to the indictment, plead to the jurisdiction of the court, or file a plea in abatement or in bar. Code § 27-1501. If such pleas are not made preliminary to the trial, they are held to be waived in contemplation of law. Code § 102-106; Hill v. State, 41 Ga. 484 (2); Hall v. State, 103 Ga. 403 (29 S. E. 915); Bradford v. Mills, 208 Ga. 198 (66 S. E. 2d 58).

The defendant having waived copy of the indictment, full panel, formal arraignment and having entered a plea of guilty, and the indictment not being void as contended by the defendant,[*619] the defects in the indictment, if any, were waived by failure to plead thereto, and by entering the plea of guilty. The defendant will not now be permitted by habeas corpus to raise questions that should have been raised prior to his plea of guilty.

Judgment affirmed.

All the Justices concur.