State v. Hanson

In State v. Hanson, 249 Ga. 739, 295 S.E.2d 297 (Ga. 1982), Hanson was arrested for possession and sale of methaqualone. In exchange for furnishing information concerning drug and gambling investigations, the district attorney gave Hanson a letter in which he purported to grant immunity from prosecution. The judge signed a postscript to the letter which noted that the letter had been called to his attention. At the same time, the district attorney dismissed the charges pending against Hanson. Although the dismissal was noted on the file, the notation gave no reason for the dismissal. The district attorney was later defeated in his bid for re-election, and the new district attorney re-indicted Hanson for possession and sale of methaqualone. Hanson's attorney filed a motion to quash the indictment, relying upon the letter from the former district attorney. There was no copy of this letter in the case file. The trial court denied the motion, and the Court of Appeals reversed, holding that the promises of the public prosecutor and the public faith pledged by him must be kept. Id. at 299. The Georgia Supreme Court affirmed, finding that the original promise was enforceable and binding on the district attorney's successor because "the integrity of the office of the district attorney demands that promises made by the district attorney are binding on his successor to the extent that they are valid and enforceable." Id. at 302.