JUDICIAL DECISIONS This section provided an exception to the general law that the defendants charged with a crime were not served with process

O.C.G.A. § 16-2-22, under CRIMINAL LIABILITY.

O.C.G.A. § 16-2-22

Wells v. Terrell, 121 Ga. 368, 49 S.E. 319 (1904). Method of service is exclusive, unless service be waived by the corporation. Progress Club v. State, 12 Ga. App. 174, 76 S.E. 1029 (1913). Accusation is not sufficient. Central Ga. Power Co. v. State, 12 Ga. App. 260, 77 S.E. 107 (1913). In the absence of waiver of indictment, a corporation can be tried for a crime only upon an indictment or presentment of a grand jury. Progress Club v. State, 12 Ga. App. 174, 76 S.E. 1029 (1913). Appearance by attorney is waiver. — Appearance of the corporation voluntarily by the corporation’s attorney demurring to an indictment is a waiver. Reeves v. Southern R.R., 121 Ga. 561, 49 S.E. 674, 70 L.R.A. 513, 2 Ann. Cas. 207 (1905). Service on agent, see Central Ga. Power Co. v. Parnell, 11 Ga. App. 779, 76 S.E. 157 (1912). Applicability to foreign corporations. — Foreign corporations doing busi- ness in this state come within the scope of this section. Reeves v. Southern Ry., 121 Ga. 561, 49 S.E. 674, 70 L.R.A. 513, 2 Ann. Cas. 207 (1905). Solicitor general’s reliance upon O.C.G.A. § 17-7-92 in the service of an accusation against a foreign corporation which published an allegedly obscene magazine distributed within the state was not clearly unconstitutional and, thus, did not constitute bad faith so as to justify federal interference in the state proceedings. Penthouse Int’l, Ltd. v. Webb, 594 F. Supp. 1186 (N.D. Ga. 1984). Evidence of who are the officers or directors of a corporation. — Highest and best evidence of who are officers or board of directors of a corporation is to be found in the minutes of the corporation. Before parol evidence thereof can be introduced over timely and proper objection, the minutes must be produced or accounted for, or some proper foundation laid for the introduction of secondary evidence, when the identity of the officers or board of directors of the corporation is a material and vital fact to be proved in the case. South Ga. Trust Co. v. Crandall, 47 Ga. App. 328, 170 S.E. 333 (1933).