Mosely v. State

Court of Appeals of Georgia

Mosely v. State

94 S.E. 95, 21 Ga. App. 74, 1917 Ga. App. LEXIS 423

CourtCourt of Appeals of Georgia

DecidedOctober 30, 1917

Docket8961, 8962

StatusPublished

This text of 94 S.E. 95 (Mosely 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

Mosely v. State, 94 S.E. 95, 21 Ga. App. 74, 1917 Ga. App. LEXIS 423 (Ga. Ct. App. 1917).

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Opinion

Broyles, P. J.

1. As no method of taking a ease by certiorari to the superior court from the city court of Springfield is prescribed by the act creating that court (Acts 1908, p. 211), a petition for certiorari to •correct errors of the city court of Springfield is properly verified by an affidavit in the form contained in Civil Code (1910), § 5184. In such a case the affidavit provided for in Park’s Ann. Penal Code, 790 (ff), is not applicable. Dixon v. State, 121 Ga. 346 (49 S. E. 311); Miller v. State, 126 Ga. 558 (55 S. E. 405); Hood v. State, 4 Ga. App. 847 (62 S. E. 570).

2. Under the ruling in the preceding note, the court erred in dismissing the writ of certiorari on the ground that the affidavit did not contain the averment “that he [defendant] has not had a fair trial, and has been wrongfully and illegally convicted.”

Judgment reversed.

Bloodworth and Harwell, JJ., concur.

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Broyles, P. J.

1. As no method of taking a ease by certiorari to the superior court from the city court of Springfield is prescribed by the act creating that court (Acts 1908, p. 211), a petition for certiorari to •correct errors of the city court of Springfield is properly verified by an affidavit in the form contained in Civil Code (1910), § 5184. In such a case the affidavit provided for in Park’s Ann. Penal Code, 790 (ff), is not applicable. Dixon v. State, 121 Ga. 346 (49 S. E. 311); Miller v. State, 126 Ga. 558 (55 S. E. 405); Hood v. State, 4 Ga. App. 847 (62 S. E. 570).

2. Under the ruling in the preceding note, the court erred in dismissing the writ of certiorari on the ground that the affidavit did not contain the averment “that he [defendant] has not had a fair trial, and has been wrongfully and illegally convicted.”

Judgment reversed.

Bloodworth and Harwell, JJ., concur.

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Bluebook (online)

94 S.E. 95, 21 Ga. App. 74, 1917 Ga. App. LEXIS 423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mosely-v-state-gactapp-1917.

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