Towns v. State

Court of Appeals of Georgia

Towns v. State

111 S.E. 692, 28 Ga. App. 500, 1922 Ga. App. LEXIS 639

CourtCourt of Appeals of Georgia

DecidedApril 14, 1922

Docket13208

StatusPublished

Cited by6 cases

This text of 111 S.E. 692 (Towns 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

Towns v. State, 111 S.E. 692, 28 Ga. App. 500, 1922 Ga. App. LEXIS 639 (Ga. Ct. App. 1922).

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Opinion

Broyles, C. J.

1. When a judge of the superior court passes an order which is placed on the minutes of the court, transferring a case from that court to a county court, the case becomes immediately and automatically, for all jurisdictional purposes, a case pending in the county court, and the superior court has no further jurisdiction over it. Coleman v. State, 94 Ga. 87 (21 S. E. 124); High v. Candler, 103 Ga. 86 (28 S. E. 377); Hunley v. State, 105 Ga. 636, 639 (31 S. E. 543); Gordon v. State, 106 Ga. 121, 122 (32 S. E. 32); Cook v. State, 10 Ga. App. 580 (73 S. E. 861).

2. Under the foregoing ruling the instant case was pending in the county court of Putnam county at the February, 1921, term of that court when the defendant’s demand for trial was made, and, it appearing that the defendant was not tried either at that or the next succeeding term thereafter, and that at both terms there were juries impaneled and qualified to try him, the trial court erred in overruling his motion, subsequently made, to absolutely discharge and acquit him of the offense charged in the indictment. See, in this connection, Mager v. State, 21 Ga. App. 139 (94 S. E. 82), and citations.

[501]*501Decided April 14, 1922.

Certiorari; from Putnam superior court — Judge Park. December 17, 1921.

Callaway & DeJarnette, for plaintiff in error. Doyle Campbell, solicitor-general, A. Y. Clement, contra.

3. It follows from the foregoing rulings that the judge of the superior court erred in overruling the certiorari.

Judgment reversed.

Luke and Bloodworth, JJ., concur.

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Broyles, C. J.

1. When a judge of the superior court passes an order which is placed on the minutes of the court, transferring a case from that court to a county court, the case becomes immediately and automatically, for all jurisdictional purposes, a case pending in the county court, and the superior court has no further jurisdiction over it. Coleman v. State, 94 Ga. 87 (21 S. E. 124); High v. Candler, 103 Ga. 86 (28 S. E. 377); Hunley v. State, 105 Ga. 636, 639 (31 S. E. 543); Gordon v. State, 106 Ga. 121, 122 (32 S. E. 32); Cook v. State, 10 Ga. App. 580 (73 S. E. 861).

2. Under the foregoing ruling the instant case was pending in the county court of Putnam county at the February, 1921, term of that court when the defendant’s demand for trial was made, and, it appearing that the defendant was not tried either at that or the next succeeding term thereafter, and that at both terms there were juries impaneled and qualified to try him, the trial court erred in overruling his motion, subsequently made, to absolutely discharge and acquit him of the offense charged in the indictment. See, in this connection, Mager v. State, 21 Ga. App. 139 (94 S. E. 82), and citations.

[501]*501Decided April 14, 1922.

Certiorari; from Putnam superior court — Judge Park. December 17, 1921.

Callaway & DeJarnette, for plaintiff in error. Doyle Campbell, solicitor-general, A. Y. Clement, contra.

3. It follows from the foregoing rulings that the judge of the superior court erred in overruling the certiorari.

Judgment reversed.

Luke and Bloodworth, JJ., concur.

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Bluebook (online)

111 S.E. 692, 28 Ga. App. 500, 1922 Ga. App. LEXIS 639, Counsel Stack Legal Research, https://law.counselstack.com/opinion/towns-v-state-gactapp-1922.

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