Legal Opinion
Farley v. State
Court of Appeals of Georgia
Decided April 16, 1913No. 4712PublishedCited by 4 opinions
Certiorari; from Baldwin superior court—Judge J. B. Park. January 23, 1913.
1Opinion of the CourtHill, C. J.
1. “The filing of the affidavit provided for in the Penal Code, § 765, that the accused has not had a fair trial, and has been wrongfully and illegally convicted, is a condition precedent to the sanction of a petition for certiorari from a judgment of conviction in a county court. A failure to comply with this statutory requirement is not cured by the sanctioning of the petition or by the answer of the county judge; and, because of a failure to file the statutory affidavit, the case will be dismissed.” Hogan v. State, 127 Ga. 349 (56 S. E. 409); Blassingame v. State, 125 Ga. 293 (54 S. E.…
2Cases cited4 opinions
- Hicks v. MoyerCourt of Appeals of Georgia · 1912
- Blassingame v. StateSupreme Court of Georgia · 1906
- Grant v. StateSupreme Court of Georgia · 1906
- Hogan v. StateSupreme Court of Georgia · 1907
3Cited by4 opinions
- Orr v. RileySupreme Court of Georgia · 1925
- Wiggins v. StateCourt of Appeals of Georgia · 1916
- State v. VerderamoNew York Court of General Session of the Peace · 1915
- Talley v. Commercial Credit Co.Court of Appeals of Georgia · 1930