Strom v. Bartlett

Court of Appeals of Georgia

Strom v. Bartlett

184 S.E.2d 490, 124 Ga. App. 530, 1971 Ga. App. LEXIS 1006

CourtCourt of Appeals of Georgia

DecidedOctober 5, 1971

Docket46405

StatusPublished

Cited by1 cases

This text of 184 S.E.2d 490 (Strom v. Bartlett) 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

Strom v. Bartlett, 184 S.E.2d 490, 124 Ga. App. 530, 1971 Ga. App. LEXIS 1006 (Ga. Ct. App. 1971).

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Opinion

Bell, Chief Judge.

The defendant was convicted of reckless driving in violation of an ordinance of the City of Albany in the Recorder’s Court. The superior court affirmed on certiorari. In his application for certiorari the defendant raised constitutional questions. Held:

The only issues argued before us are some of the constitutional questions which were not raised in the trial court. Where it does not appear in the record that issues were made in the trial court, they cannot be raised by certiorari in the superior court and reviewed in this court. Smith v. Mayor &c. of Macon, 202 Ga. 68 (42 SE2d 128); Brockett v. Maxwell, 200 Ga. 213 (36 SE2d 638); Martin v. State, 199 Ga. 731 (35 SE2d 151); Duren v. City of Thomasville, 125 Ga. 1 (53 SE 814); Smith v. City of Albany, 97 Ga. App. 731 (104 SE2d 488).

Judgment affirmed.

Pannell and Deen, JJ., concur.

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Bell, Chief Judge.

The defendant was convicted of reckless driving in violation of an ordinance of the City of Albany in the Recorder’s Court. The superior court affirmed on certiorari. In his application for certiorari the defendant raised constitutional questions. Held:

The only issues argued before us are some of the constitutional questions which were not raised in the trial court. Where it does not appear in the record that issues were made in the trial court, they cannot be raised by certiorari in the superior court and reviewed in this court. Smith v. Mayor &c. of Macon, 202 Ga. 68 (42 SE2d 128); Brockett v. Maxwell, 200 Ga. 213 (36 SE2d 638); Martin v. State, 199 Ga. 731 (35 SE2d 151); Duren v. City of Thomasville, 125 Ga. 1 (53 SE 814); Smith v. City of Albany, 97 Ga. App. 731 (104 SE2d 488).

Judgment affirmed.

Pannell and Deen, JJ., concur.

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Bluebook (online)

184 S.E.2d 490, 124 Ga. App. 530, 1971 Ga. App. LEXIS 1006, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strom-v-bartlett-gactapp-1971.

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