White v. State

Full title: WHITE et al. v. THE STATE

Court: Supreme Court of Georgia

Date published: Feb 4, 1975

212 S.E.2d 777 (Ga. 1975)

233 Ga. 593

Opinion

29145.

ARGUED JANUARY 16, 1975.

DECIDED FEBRUARY 4, 1975.

Certiorari to the Court of Appeals of Georgia — 132 Ga. App. 62 ( 207 S.E.2d 577).

Glenn Zell, for appellants.

Lewis R. Slaton, District Attorney, Carter Goode, Assistant District Attorney, for appellee.

HALL, Justice.

This case is before us by grant of the writ of certiorari to the Court of Appeals. The sole issue is whether a police officer of the City of Atlanta is entitled to the rights provided in Code Ann. §§ 40-1617 and 89-9908 (appearance before the grand jury). White v. State, 132 Ga. App. 62 ( 207 S.E.2d 577).

The opinion of the Court of Appeals correctly states the law of Georgia on this subject and we adopt same and affirm the judgment.

The decision in Payne v. State, 153 Ga. 882 ( 113 S.E. 446) is overruled. See Humphrey v. State, 231 Ga. 855 ( 204 S.E.2d 603); Jones v. Mills, 216 Ga. 616 ( 118 S.E.2d 484).

Judgment affirmed. All the Justices concur.

ARGUED JANUARY 16, 1975 — DECIDED FEBRUARY 4, 1975.