
    4228.
    Central Georgia Power Co. v. The State.
    Decided February 11, 1913.
    Accusation of maintaining nuisance; from city court of Jackson —Judge Fletcher. April 22, 1912.
    
      Hatcher & Smith, Greene F. Johnson, for plaintiff in error.
    
      C. L. Redman, solicitor, O. M. Dulce, contra.
   Russell, J.

This case is controlled by the decisions of this court in Progress Club v. State, ante, (76 S. E. 1029), and Brunswick-Oglethorpe Club v. State, ante, 180 (76 S. E. 1034). The defendant corporation was charged by accusation, and not by indictment or presentment of a grand jury; and it being, therefore, impossible, under the provisions of the Penal Code, § 963, for the court to have obtained jurisdiction, all of the proceedings in the trial were nugatory, and a consideration of any of the assignments of error is thereby precluded.

Judgment reversed.  