Leontas v. Mayor of Savannah

1. Where the constitutionality of a municipal ordinance, under which the defendant was tried and convicted in the recorder’s court of the City of Savannah, was not raised by a distinct assignment of error in a certiorari brought by the defendant in the superior court, to review the judgment of his conviction in the recorder’s court, the judge of the superior court had no authority to pass upon the constitutionality of such ordinance. Milam v. Sproull, 36 Ga. 393 (3), 397; Scroggins v. State, 55 Ga. 380 (5); Fouché v. Morris, 112 Ga. 143 (37 S. E. 182); Brown v. Alexander, 112 Ga. 247 (37 S.…