Freeman v. State

Court of Appeals of Georgia

Freeman v. State

132 S.E. 646, 35 Ga. App. 256, 1926 Ga. App. LEXIS 681

CourtCourt of Appeals of Georgia

DecidedApril 14, 1926

Docket17141

StatusPublished

This text of 132 S.E. 646 (Freeman 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

Freeman v. State, 132 S.E. 646, 35 Ga. App. 256, 1926 Ga. App. LEXIS 681 (Ga. Ct. App. 1926).

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Opinion

Luke, J.

A certificate attached to the record in this ease and sworn to by the deputy clerk of the criminal court of Atlanta, shows that the accusation which is the basis of the case “was nolprossed by Hon. Jesse M. Wood, judge of the criminal court of Atlanta, on February 8, 1936, as appears on the face of the said accusation, and as appears on the records of this court,” the crim[257]*257inal court of Atlanta. The accusation attached to the record before us is marked “Nolprossed February 8, 1926. Jesse M. Wood, Judge C. C. A.” This being true, any question that may be presented by the bill of exceptions is moot. “This court will in no case undertake to pass upon questions presented by a bill of exceptions, when it affirmatively appears that, even if the judgment of the court below were reverséd, the plaintiff in error would derive no benefit from the adjudication.” Davis v. Mayor &c. of Jasper, 119 Ga. 57 (1) (27 S. E. 762). Under this ruling and the facts as shown by the record, this court will not review the judgment of the superior court, refusing to sanction the certiorari. The motion to dismiss the writ of error is granted.

Writ of error dismissed.

Broyles, G. J., concurs. Bloodworth, J., not participating, on account of illness.

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Luke, J.

A certificate attached to the record in this ease and sworn to by the deputy clerk of the criminal court of Atlanta, shows that the accusation which is the basis of the case “was nolprossed by Hon. Jesse M. Wood, judge of the criminal court of Atlanta, on February 8, 1936, as appears on the face of the said accusation, and as appears on the records of this court,” the crim[257]*257inal court of Atlanta. The accusation attached to the record before us is marked “Nolprossed February 8, 1926. Jesse M. Wood, Judge C. C. A.” This being true, any question that may be presented by the bill of exceptions is moot. “This court will in no case undertake to pass upon questions presented by a bill of exceptions, when it affirmatively appears that, even if the judgment of the court below were reverséd, the plaintiff in error would derive no benefit from the adjudication.” Davis v. Mayor &c. of Jasper, 119 Ga. 57 (1) (27 S. E. 762). Under this ruling and the facts as shown by the record, this court will not review the judgment of the superior court, refusing to sanction the certiorari. The motion to dismiss the writ of error is granted.

Writ of error dismissed.

Broyles, G. J., concurs. Bloodworth, J., not participating, on account of illness.

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Bluebook (online)

132 S.E. 646, 35 Ga. App. 256, 1926 Ga. App. LEXIS 681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/freeman-v-state-gactapp-1926.

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