Williams v. State

Court of Appeals of Georgia

Williams v. State

85 S.E.2d 91, 91 Ga. App. 124, 1954 Ga. App. LEXIS 877

CourtCourt of Appeals of Georgia

DecidedNovember 24, 1954

Docket35410

StatusPublished

Cited by2 cases

This text of 85 S.E.2d 91 (Williams 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

Williams v. State, 85 S.E.2d 91, 91 Ga. App. 124, 1954 Ga. App. LEXIS 877 (Ga. Ct. App. 1954).

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Opinion

Carlisle, J.

1. If the judgment of a superior court dismissing or over.ruling a certiorari is correct for any reason, the judgment will be affirmed. Zachry v. State, 81 Ga. App. 637 (59 S. E. 2d 555), and citations.

2. “A failure to give the solicitor-general at least ten days’ written notice of the sanction of a writ of certiorari to which the State is a party and of the time and place of hearing (unless prevented by unavoidable cause), or to obtain a waiver of such notice, is fatal to the proceedings. . . [citing cases]. Service upon and notice to the Solicitor of the Criminal Court of Fulton County is insufficient to cure the defect.” Washburn v. Thompson, 78 Ga. App. 133 (50 S. E. 2d 761). As it does not affirmatively appear from the certiorari proceedings in this case that the required notice or a waiver thereof was given to or secured from the Solicitor-General of the Superior Court of Fulton County, the proceedings were fatally defective, and the superior court did not err in overruling and denying the petition for certiorari.

Judgment affirmed.

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Carlisle, J.

1. If the judgment of a superior court dismissing or over.ruling a certiorari is correct for any reason, the judgment will be affirmed. Zachry v. State, 81 Ga. App. 637 (59 S. E. 2d 555), and citations.

2. “A failure to give the solicitor-general at least ten days’ written notice of the sanction of a writ of certiorari to which the State is a party and of the time and place of hearing (unless prevented by unavoidable cause), or to obtain a waiver of such notice, is fatal to the proceedings. . . [citing cases]. Service upon and notice to the Solicitor of the Criminal Court of Fulton County is insufficient to cure the defect.” Washburn v. Thompson, 78 Ga. App. 133 (50 S. E. 2d 761). As it does not affirmatively appear from the certiorari proceedings in this case that the required notice or a waiver thereof was given to or secured from the Solicitor-General of the Superior Court of Fulton County, the proceedings were fatally defective, and the superior court did not err in overruling and denying the petition for certiorari.

Judgment affirmed.

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Bluebook (online)

85 S.E.2d 91, 91 Ga. App. 124, 1954 Ga. App. LEXIS 877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-state-gactapp-1954.

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