Holliday v. State

Supreme Court of Georgia

Holliday v. State

93 S.E.2d 345, 212 Ga. 407, 1956 Ga. LEXIS 386

CourtSupreme Court of Georgia

DecidedJune 12, 1956

Docket19318

StatusPublished

This text of 93 S.E.2d 345 (Holliday 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

Holliday v. State, 93 S.E.2d 345, 212 Ga. 407, 1956 Ga. LEXIS 386 (Ga. 1956).

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Opinion

Wyatt, Presiding Justice.

1. The defendant was tried and convicted in the Criminal Court of Fulton County of the offense of bastardy. He filed a petition for writ of certiorari to the Fulton County Superior Court which was duly overruled, and he excepted to this judgment. A failure to give the solicitor-general at least ten days’ notice of the sanction of a writ of certiorari to which the State is a party and of the time and place of hearing, or to obtain a waiver of such notice, is fatal to the proceedings. Washburn v. Thompson, 78 Ga. App. 133 (50 S. E. 2d 761); Glenn v. State, 122 Ga. 593 (50 S. E. 371); Culbreth v. State, 115 Ga. 242 (41 S. E. 594); McElhannon v. State, 112 Ga. 221 (37 S. E. 402). Service upon and notice to the Solicitor of the Criminal Court of Fulton County is insufficient to cure the defect. Washburn v. Thompson, supra.

2. In view of what is held above, it is not necessary to consider certain constitutional questions and certain other questions raised in the record in this case.

Judgment affirmed.

All the Justices concur.

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Wyatt, Presiding Justice.

1. The defendant was tried and convicted in the Criminal Court of Fulton County of the offense of bastardy. He filed a petition for writ of certiorari to the Fulton County Superior Court which was duly overruled, and he excepted to this judgment. A failure to give the solicitor-general at least ten days’ notice of the sanction of a writ of certiorari to which the State is a party and of the time and place of hearing, or to obtain a waiver of such notice, is fatal to the proceedings. Washburn v. Thompson, 78 Ga. App. 133 (50 S. E. 2d 761); Glenn v. State, 122 Ga. 593 (50 S. E. 371); Culbreth v. State, 115 Ga. 242 (41 S. E. 594); McElhannon v. State, 112 Ga. 221 (37 S. E. 402). Service upon and notice to the Solicitor of the Criminal Court of Fulton County is insufficient to cure the defect. Washburn v. Thompson, supra.

2. In view of what is held above, it is not necessary to consider certain constitutional questions and certain other questions raised in the record in this case.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

93 S.E.2d 345, 212 Ga. 407, 1956 Ga. LEXIS 386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holliday-v-state-ga-1956.

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