POWELL v. STATE
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Two former police officers, John Powell and Brian Scott, were indicted for violating their oaths of office under OCGA § 16-10-1. The indictment alleged that they failed to uphold the Constitution of the United States as interpreted by Brady v. Maryland by not conducting investigations into allegations of police misconduct. The officers filed a general demurrer, arguing that the indictment failed to adequately charge them with any offense against the laws of Georgia, and that the oath-of-office statute was unconstitutionally vague as applied to the facts of the case. The trial court denied the demurrer, concluding that the allegations would constitute conduct violative of the oaths of office taken by the officers.
The Supreme Court of Georgia reviewed the trial court's ruling on the general demurrer de novo. The court agreed with the officers that the trial court's ruling regarding the sufficiency of the indictment was erroneous, and their general demurrers should have been granted. The court found that the indictment alleged that the officers committed the crimes in a specific way that was legally impossible. The court concluded that the indictment against the officers could not withstand a general demurrer and reversed the trial court's denial of the general demurrers to the indictment. The court did not reach the officers' constitutional challenge or the speedy-trial issue also before them on appeal.
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