Studges v. State

Court of Appeals of Georgia

Studges v. State

72 S.E.2d 505, 86 Ga. App. 760, 1952 Ga. App. LEXIS 1048

Court of Appeals of Georgia·Decided September 16, 1952·No. 34205·Published·Cited by 1 cases

Opinion

Townsend, J.

Where, as here, the bill of exceptions contains no certificate of the trial judge indicating his intention to verify the truthfulness of the recitals therein contained, as required by Code (Ann. Supp.), § 6-806, the appellate court has no jurisdiction, and the bill of exceptions must be dismissed. Beasley v. Georgia Power Co., 207 Ga. 188 (60 S. E. 2d, 363); Edge v. State, 199 Ga. 431 (34 S. E. 2d, 498); Davis v. State, 191 Ga. 558 (1) (13 S. E. 2d, 351). The certificate of the trial court as follows: “The above and foregoing bill of exceptions approved and ordered filed,” does not amount to a compliance with this requirement.

Writ of error dismissed.

Gardner, P.J., and Carlisle, J., concur.

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Townsend, J.

Where, as here, the bill of exceptions contains no certificate of the trial judge indicating his intention to verify the truthfulness of the recitals therein contained, as required by Code (Ann. Supp.), § 6-806, the appellate court has no jurisdiction, and the bill of exceptions must be dismissed. Beasley v. Georgia Power Co., 207 Ga. 188 (60 S. E. 2d, 363); Edge v. State, 199 Ga. 431 (34 S. E. 2d, 498); Davis v. State, 191 Ga. 558 (1) (13 S. E. 2d, 351). The certificate of the trial court as follows: “The above and foregoing bill of exceptions approved and ordered filed,” does not amount to a compliance with this requirement.

Writ of error dismissed.

Gardner, P.J., and Carlisle, J., concur.

Studges v. State, 72 S.E.2d 505, 86 Ga. App. 760, 1952 Ga. App. LEXIS 1048 (Ga. Ct. App. 1952).

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Opinion

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