Sears ex rel. Baker v. Candler
Supreme Court of Georgia
This was an application to the Supreme Court by Mrs. Sears, as next friend of Baker, for a mandamus to require the judge of the superior court to certify the bill of exceptions in the case of Sears v. State, reported infra. The reasons stated by the judge for refusing to certify are those given for the decision there excepted to.
1Opinion of the CourtLewis, J.
1. In the case of Carr v. State, 98 Ga. 89, this court, then composed of three Justices, by a majority held that the proceedings authorized by section 4666 of the Code of 1882 (subsequently codified in section 1047 of the present Penal Code) were not judicial in character. This view was afterwards, in the case of Baughn v. State, 100 Ga. 554, recognized as correct by a full bench of six Justices. In the opinion delivered by Mr. Justice Lumpkin in the case first mentioned, he pointed out the reasons'for the conclusion reached by himself and the Chief Justice, and re*382marked, “ It may be that the…
2Cases cited3 opinions
- Baughn v. StateSupreme Court of Georgia · 1897
- Taylor v. ReeseSupreme Court of Georgia · 1899
- Carr v. StateSupreme Court of Georgia · 1896
3Cited by4 opinions
- Harris v. RoanSupreme Court of Georgia · 1904
- Arnold v. AlexanderSupreme Court of Georgia · 2025
- Rawlins v. MitchellSupreme Court of Georgia · 1906
- Pelham Manufacturing Co. v. ScaifeCourt of Appeals of Georgia · 1910