Home/Court of Appeals of Georgia/Strickland v. MAYOR & COUNCIL OF THE CITY OF ATHENS

Strickland v. MAYOR & COUNCIL OF THE CITY OF ATHENS

141 S.E.2d 594, 111 Ga. App. 280, 1965 Ga. App. LEXIS 950
CourtCourt of Appeals of Georgia
DecidedMarch 9, 1965
Docket41193, 41194
StatusPublished
Cited by6 cases

This text of 141 S.E.2d 594 (Strickland v. MAYOR & COUNCIL OF THE CITY OF ATHENS) 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
Strickland v. MAYOR & COUNCIL OF THE CITY OF ATHENS, 141 S.E.2d 594, 111 Ga. App. 280, 1965 Ga. App. LEXIS 950 (Ga. Ct. App. 1965).

Opinion

Nichols, Presiding Judge.

The defendants were convicted in the Recorder’s Court for the City of Athens under an ordinance which provides that no person shall fire any pistol, gun or other firearm in the city within three hundred yards of any *281 street, alley or building in the city. The defendant Guest was identified as the driver of an automobile and the defendant Strickland as the person who actually did the shooting from such automobile on a public street in the City of Athens. On certiorari the convictions were affirmed by a judgment dismissing the petitions. Error is now assigned on the judgments of the superior court dismissing the petitions for certiorari. Held:

Decided March 9, 1965. Hudson & Steele, Jim Hudson, for plaintiffs in error. Joseph J. Gaines, contra.

“Where constitutional issues are raised for the first time in the superior court on certiorari from a judgment of an inferior tribunal, the superior court can not consider, nor can this court review, the constitutional questions thus sought to be made.” Jones v. Mayor &c. of Athens, 105 Ga. App. 86 (3) (123 SE2d 420). See also Thompson v. Allen, 195 Ga. 733 (25 SE2d 423); Brackett v. City of Atlanta, 51 Ga. App. 92 (179 SE 584).

Identity is a question for the trior of fact, and where a witness identifies a defendant (whether the identification be based on the defendant’s eyes, clothes, hairline or some intangible factor not capable of description), the credibility of the witness making such identification is not to be decided by this court. See Revill v. State, 210 Ga. 139 (78 SE2d 12); Johnson v. State, 73 Ga. 107; Gray v. State, 6 Ga. App. 428 (4) (65 SE 191); Kirby v. State, 43 Ga. App. 102 (1) (158 SE 438).

All who participate, either directly or as accessories, in the violation of municipal ordinances are equally guilty as principals. See Stradley v. City of Atlanta, 7 Ga. App. 441 (2) (67 SE 107); DeFreese v. City of Atlanta, 12 Ga. App. 201 (1) (76 SE 1077); Morse v. Mayor &c. of Macon, 9 Ga. App. 829 (72 SE 284).

The evidence authorized the convictions and the judge of the superior court did not err in dismissing the petitions for certiorari for any reason assigned.

Judgments affirmed.

Eberhardt and Pannell, JJ., concur.

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Bluebook (online)
141 S.E.2d 594, 111 Ga. App. 280, 1965 Ga. App. LEXIS 950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strickland-v-mayor-council-of-the-city-of-athens-gactapp-1965.