Cochran v. City of Rockmart

Marshall, Justice.

The appellants were convicted of municipal ordinance violations in the Recorder’s Court for the City of Rockmart. Under § 6.04 of the Rockmart City Charter (Ga. L. 1968, p. 3224), they appealed to the Polk Superior Court. Section 6.04 of the city charter allows appeals to be taken from the Recorder’s Court for the City of Rockmart to the Polk Superior Court; it further provides that an *733appeal to the superior court shall be a de novo proceeding.

The City of Rockmart, appellee herein, filed a motion to dismiss the appeal in the superior court. The city argued that § 6.04 of the…