Blassingame v. State

Plaintiff in error was convicted of a misdemeanor, in the county court of Morgan county, and sued out a writ of certiorari to the superior court. The averments in the petition for cer*294tiorari were duly verified, but the plaintiff in certiorari entirely omitted to make the affidavit provided for in the Penal Code, §765, stating that he had not a fair trial, and had been wrongfully and illegally convicted. The petition for certiorari was duly sanctioned, and it was answered by the county judge. On the call of the case in the superior court, the certiorari was dismissed for “want of sufficient…