Rhodes v. State

Associate counsel for the State contends that the writ of error should be dismissed, “Because pauper affidavit relied upon by plaintiff in error to avoid payment of cost is a nullity. Pauper affidavit was executed on September 27, 1947, and bill of exceptions was not certified until October 1, 1947, and not filed until October 3, 1947. A pauper affidavit made prior to bill of exceptions being certified is void;” and cites Swain v. State, 8 Ga. App. 410 (69 S. E. 310).

“An affidavit in forma pauperis, under the Code, §§ 6-1002 (2), 24-3623, for the purpose of bringing a bill of exceptions to…