Fallins v. State

Court of Appeals of Georgia

Fallins v. State

66 S.E. 397, 7 Ga. App. 201, 1909 Ga. App. LEXIS 587

CourtCourt of Appeals of Georgia

DecidedNovember 30, 1909

Docket2248

StatusPublished

This text of 66 S.E. 397 (Fallins v. State) 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

Fallins v. State, 66 S.E. 397, 7 Ga. App. 201, 1909 Ga. App. LEXIS 587 (Ga. Ct. App. 1909).

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Opinion

Powell, J.

Where the bill of exceptions complains of the decision of the trial court upon a motion as to which evidence was heard by affidavit and counter-affidavit, it is not permissible to specify the affidavits as record, unless they be incorporated in an approved brief of the evidence. If not so incorporated and approved, they must be either set out in the bill of exceptions or attached thereto as an exhibit and verified as a portion thereof. It appears that the only error complained of in the bill of exceptions is one depending on the consideration of the affidavits, which have not been properly brought before this court. Summerlin v. State, 130 Ga. 791 (61 S. E. 849) ; Sasser v. State, 129 Ga. 542 (55 S. E. 255); McDonald v. State, 129 Ga. 452 (59 S. E. 255); Glover v. State, 128 Ga. 1 (57 S. E. 101) ; Johnson v. Gleaton, 4 Ga. App. 383 (61 S. E. 493) ; Harrison v. Bell, 132 Ga. 674 (64 S. E. 688).

Writ of error dismissed.

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Powell, J.

Where the bill of exceptions complains of the decision of the trial court upon a motion as to which evidence was heard by affidavit and counter-affidavit, it is not permissible to specify the affidavits as record, unless they be incorporated in an approved brief of the evidence. If not so incorporated and approved, they must be either set out in the bill of exceptions or attached thereto as an exhibit and verified as a portion thereof. It appears that the only error complained of in the bill of exceptions is one depending on the consideration of the affidavits, which have not been properly brought before this court. Summerlin v. State, 130 Ga. 791 (61 S. E. 849) ; Sasser v. State, 129 Ga. 542 (55 S. E. 255); McDonald v. State, 129 Ga. 452 (59 S. E. 255); Glover v. State, 128 Ga. 1 (57 S. E. 101) ; Johnson v. Gleaton, 4 Ga. App. 383 (61 S. E. 493) ; Harrison v. Bell, 132 Ga. 674 (64 S. E. 688).

Writ of error dismissed.

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Bluebook (online)

66 S.E. 397, 7 Ga. App. 201, 1909 Ga. App. LEXIS 587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fallins-v-state-gactapp-1909.

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