Fountain v. Crum

96 S.E. 337, 148 Ga. 272, 1918 Ga. LEXIS 292

• Court: Supreme Court of Georgia
• Decided: July 15, 1918
• Docket: No. 1067
• Status: Published

Opinion

Peb Curiam.

The Court of Appeals lias certified tlie following question to this court: “Has the Court of Appeals jurisdiction to grant a petition for mandamus to compel the trial judge to assess the amount of a supersedeas bond in a criminal case, where the defendant, under an indictment for murder, was convicted of voluntary manslaughter, and sentenced to twenty years in the penitentiary, and where a motion for a new trial was duly filed and overruled, to the overruling of which a bill of exceptions to the Court of Appeals was certified and filed?”

This question is answered in the negative. A discussion of it is unnecessary, in view of the rulings which have been made in more than one decision by this court relative to this subject. Conwell v. McWhorter, 93 Ga. 254 (19 S. E. 50); Savannah, &c. Ry. Co. v. Postal Tel. Co., 113 Ga. 916 (39 S. E. 399).

No. 1067. July 15, 1918.

Question certified by Court of Appeals (Case No. 9955).

J ohn W. Bennett and H. J. Qwincey, for plaintiff in error.