State v. Smith

On Motion for Rehearing.

We have carefully re-examined this entire record and affirm our original decision. The trial judge’s order granting appellee’s plea in bar, which contains certain findings of fact and conclusions of law, speaks for itself. The trial judge is vested with broad powers in order to fulfill the duties and obligations of office. See, e.g., OCGA §§ 15-1-3 *697(6) and (7); 15-6-9 (8); 15-7-43. Moreover, it is presumed that a trial judge performs his official duties in a lawful manner, and not in excess of his authority. See, e.g., Lamb v. Sims, 153 Ga. App. 556, 557 (265 SE2d 879), cert. den. 449 U. S. 901. We find no error present in the granting of appellee’s plea in bar.

Decided January 11, 1988 Rehearing denied February 1, 1988 Ken Stula, Solicitor, Dean C. Broome, Jr., for appellant. Foy S. Horne, Jr., Lawton E. Stephens, for appellee.

Motion for rehearing denied.