City of Peachtree v. Byars

Court of Appeals of Georgia

City of Peachtree v. Byars

395 S.E.2d 613, 196 Ga. App. 201, 1990 Ga. App. LEXIS 867

CourtCourt of Appeals of Georgia

DecidedJune 20, 1990

DocketA90A0470

StatusPublished

This text of 395 S.E.2d 613 (City of Peachtree v. Byars) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Peachtree v. Byars, 395 S.E.2d 613, 196 Ga. App. 201, 1990 Ga. App. LEXIS 867 (Ga. Ct. App. 1990).

Pincite

Opinion

Beasley, Judge.

Byars was convicted in the Municipal Court of Peachtree City of possession of less than an ounce of marijuana, a misdemeanor violation of State law (OCGA §§ 16-13-30 (a); 16-13-2 (b)).

Upon certiorari to the superior court, that court held that the municipal court was without jurisdiction to try the charges and declared the conviction null and void.

The application of Peachtree City to appeal was granted.

Pretermitting the alleged procedural irregularity in the certiorari process, the substantive issue raised as to the power and authority of a municipal court to convict for violations of State law has been answered by Kolker v. State, 260 Ga. 240 (391 SE2d 391) (1990). The ruling of the superior court is reversed and the conviction of the municipal court on the State offense is reinstated.

Judgment reversed.

Deen, P. J., and Pope, J., concur.

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