Opinion · Court of Appeals of Georgia

Schmid v. State

Schmid v. State, 121 Ga. App. 700 (Ga. Ct. App. 1970)

Type
Opinion
Court
Court of Appeals of Georgia
Jurisdiction
Georgia
Date
1970-04-23
Topic
estate-planning

Hall, Presiding Judge. This is an appeal from a judgment of disbarment for conviction of a crime involving moral turpitude. Appellant’s last conviction (he has had at least 8 which would fit the moral turpitude category) was just over 4 years-prior to the institution of the disbarment proceedings. He-contends that these proceedings were barred by the statute of limitation contained in Code Ann. § 9-520. “No proceedings for the disbarment of any attorney shall be instituted or prosecuted . . . unless . . . begun within four years-after the commission of the act complained of.” The Supreme Court has considered this question and clearly held that Code Ann. § 9-520 “has no application where the disbarment proceedings are based on conviction for crime-involving moral turpitude.” Jacobs v. State of Ga., 200 Ga. 440 (37 SE2d 187).

Citator

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Hall, Presiding Judge.

This is an appeal from a judgment of disbarment for conviction of a crime involving moral turpitude. Appellant’s last conviction (he has had at least 8 which would fit the moral turpitude category) was just over 4 years-prior to the institution of the disbarment proceedings. He-contends that these proceedings were barred by the statute of limitation contained in Code Ann. § 9-520. “No proceedings for the disbarment of any attorney shall be instituted or prosecuted . . . unless . . . begun within four years-after the commission of the act complained of.”

The Supreme Court has considered this question and clearly held that Code Ann. § 9-520 “has no application where the disbarment proceedings are based on conviction for crime-involving moral turpitude.” Jacobs v. State of Ga., 200 Ga. 440 (37 SE2d 187).

Judgment affirmed.

Deen and Evans, JJ., concur.