Orr v. State

Court of Appeals of Georgia

Orr v. State

189 S.E. 540, 55 Ga. App. 150, 1937 Ga. App. LEXIS 8

CourtCourt of Appeals of Georgia

DecidedJanuary 9, 1937

Docket25920

StatusPublished

This text of 189 S.E. 540 (Orr 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

Orr v. State, 189 S.E. 540, 55 Ga. App. 150, 1937 Ga. App. LEXIS 8 (Ga. Ct. App. 1937).

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Opinion

Broyles, O. J.

1. In all certiorari cases pending in the superior courts, where the judge before whom the ease was tried shall state in his answer that he can not or does not remember or recollect what occurred on the trial of the case, it shall he the duty.of the judge of the superior court forthwith, either in term time or vacation, to order a new trial of the case in the lower court. Acts 1933, p. 113, Code, § 19-502.

2. Under the foregoing ruling and the facts of this case, the court erred in overruling the certiorari and in refusing to order a new trial.

Judgment reversed.

MacIntyre and Guerry, JJ., concur.

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Broyles, O. J.

1. In all certiorari cases pending in the superior courts, where the judge before whom the ease was tried shall state in his answer that he can not or does not remember or recollect what occurred on the trial of the case, it shall he the duty.of the judge of the superior court forthwith, either in term time or vacation, to order a new trial of the case in the lower court. Acts 1933, p. 113, Code, § 19-502.

2. Under the foregoing ruling and the facts of this case, the court erred in overruling the certiorari and in refusing to order a new trial.

Judgment reversed.

MacIntyre and Guerry, JJ., concur.

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Bluebook (online)

189 S.E. 540, 55 Ga. App. 150, 1937 Ga. App. LEXIS 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/orr-v-state-gactapp-1937.