Sims v. State

Court of Appeals of Georgia

Sims v. State

24 S.E.2d 212, 68 Ga. App. 802

CourtCourt of Appeals of Georgia

DecidedJanuary 28, 1943

Docket29914.

StatusPublished

This text of 24 S.E.2d 212 (Sims 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

Sims v. State, 24 S.E.2d 212, 68 Ga. App. 802 (Ga. Ct. App. 1943).

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Opinion

Broyles, C. J.

The bill of exceptions in this case recites that the defendant was convicted in the criminal court of Fulton County of “the offense of violating the lottery laws of said State” and assigns error on the judgment of the superior-court judge overruling the defendant’s certiorari. The record conclusively shows that the accused was convicted of the offense “of violating the revenue-tax act to legalize and control alcoholic beverages and liquors,” and not of the offense of lottery. It is well-settled law that where there is a conflict between the allegations of the bill of exceptions and the record the record controls. There being no proper bill of exceptions, this court is without jurisdiction to decide the case, and the writ of error must be

Dismissed.

MacIntyre and Ga/rdner, JJ., concur.

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Broyles, C. J.

The bill of exceptions in this case recites that the defendant was convicted in the criminal court of Fulton County of “the offense of violating the lottery laws of said State” and assigns error on the judgment of the superior-court judge overruling the defendant’s certiorari. The record conclusively shows that the accused was convicted of the offense “of violating the revenue-tax act to legalize and control alcoholic beverages and liquors,” and not of the offense of lottery. It is well-settled law that where there is a conflict between the allegations of the bill of exceptions and the record the record controls. There being no proper bill of exceptions, this court is without jurisdiction to decide the case, and the writ of error must be

Dismissed.

MacIntyre and Ga/rdner, JJ., concur.

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Bluebook (online)

24 S.E.2d 212, 68 Ga. App. 802, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sims-v-state-gactapp-1943.