Hogan v. State

Supreme Court of Georgia

Hogan v. State

56 S.E. 409, 127 Ga. 349, 1907 Ga. LEXIS 259

CourtSupreme Court of Georgia

DecidedJanuary 17, 1907

StatusPublished

Cited by2 cases

This text of 56 S.E. 409 (Hogan v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hogan v. State, 56 S.E. 409, 127 Ga. 349, 1907 Ga. LEXIS 259 (Ga. 1907).

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Opinion

Cobb, P. J.

1. “The filing of the affidavit provided for in the Penal Code, § 765, that the accused has not had a fair trial, and has been wrongfully and illegally convicted, is a condition precedent to the sanction, of a petition for certiorari from a judgment of conviction in a county court. A failure to comply with this statutory requirement is not cured by the sanctioning of the petition or by the answer of the county judge; and, because of a failure to file the statutory affidavit, the ease will be dismissed.” Blassingame v. State, 125 Ga. 293; Grant v. State, 126 Ga. 588.

2. In the present case the affidavit of the applicant for the writ of certiorari being fatally defective in the above-indicated particulars, the judge of the superior court properly dismissed the certiorari, at the hearing, for this reason.

Judgment affirmed.

All the Justices concur, except Fish, O. J., absent.

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Cobb, P. J.

1. “The filing of the affidavit provided for in the Penal Code, § 765, that the accused has not had a fair trial, and has been wrongfully and illegally convicted, is a condition precedent to the sanction, of a petition for certiorari from a judgment of conviction in a county court. A failure to comply with this statutory requirement is not cured by the sanctioning of the petition or by the answer of the county judge; and, because of a failure to file the statutory affidavit, the ease will be dismissed.” Blassingame v. State, 125 Ga. 293; Grant v. State, 126 Ga. 588.

2. In the present case the affidavit of the applicant for the writ of certiorari being fatally defective in the above-indicated particulars, the judge of the superior court properly dismissed the certiorari, at the hearing, for this reason.

Judgment affirmed.

All the Justices concur, except Fish, O. J., absent.

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Bluebook (online)

56 S.E. 409, 127 Ga. 349, 1907 Ga. LEXIS 259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hogan-v-state-ga-1907.

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