Logan v. State

Court of Appeals of Georgia

Logan v. State

192 S.E. 839, 56 Ga. App. 460, 1937 Ga. App. LEXIS 127

CourtCourt of Appeals of Georgia

DecidedSeptember 25, 1937

Docket26394

StatusPublished

This text of 192 S.E. 839 (Logan 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.

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Logan v. State, 192 S.E. 839, 56 Ga. App. 460, 1937 Ga. App. LEXIS 127 (Ga. Ct. App. 1937).

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Opinion

Guerry, J.

1. A plaintiff in certiorari shall plainly and distinctly set forth the errors complained of (Code, § 19-201 et seq.), and “no ground of error shall be insisted upon, on the hearing, which is not distinctly set forth in the petition.” § 19-402. In the present case it is insisted by counsel for the defendant, in Ms brief, that the court erred in admitting certain evidence over his timely objection. However, no assignment of error is made in the petition for certiorari upon any ruling of the trial judge admitting the evidence; and therefore the question argued is not properly before this court. Walker v. State, 30 Ga. App. 618 (118 S. E. 478); Cohen v. Finkovitch, 40 Ga. App. 94 (149 S. E. 66).

2. The evidence supported the verdict finding the defendant guilty of .operating a lottery. See Turk v. State, 55 Ga. App. 732 (191 S. E. 283). The judge of the superior court did not err in overruling the certiorari.

Judgment affirmed.

Broyles, O. J., and MacIntyre, J., concur.

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Guerry, J.

1. A plaintiff in certiorari shall plainly and distinctly set forth the errors complained of (Code, § 19-201 et seq.), and “no ground of error shall be insisted upon, on the hearing, which is not distinctly set forth in the petition.” § 19-402. In the present case it is insisted by counsel for the defendant, in Ms brief, that the court erred in admitting certain evidence over his timely objection. However, no assignment of error is made in the petition for certiorari upon any ruling of the trial judge admitting the evidence; and therefore the question argued is not properly before this court. Walker v. State, 30 Ga. App. 618 (118 S. E. 478); Cohen v. Finkovitch, 40 Ga. App. 94 (149 S. E. 66).

2. The evidence supported the verdict finding the defendant guilty of .operating a lottery. See Turk v. State, 55 Ga. App. 732 (191 S. E. 283). The judge of the superior court did not err in overruling the certiorari.

Judgment affirmed.

Broyles, O. J., and MacIntyre, J., concur.

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192 S.E. 839, 56 Ga. App. 460, 1937 Ga. App. LEXIS 127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/logan-v-state-gactapp-1937.

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