Hackey v. State
Supreme Court of Georgia
iSci. fa. on bond, from Cobb Superior Court—consolidated! in Supreme Court. Decisions by Judge Hill. A motion ivas made to dismiss the writs of error, in these-causes: 1st. Because no original notice was filed or served, of the-signing and certifying of the bill of exceptions. The Clerk certified that he sent up such a notice, but nonesuch appeared among the papers. 2d.
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iSci. fa. on bond, from Cobb Superior Court—consolidated! in Supreme Court. Decisions by Judge Hill. A motion ivas made to dismiss the writs of error, in these-causes: 1st. Because no original notice was filed or served, of the-signing and certifying of the bill of exceptions. The Clerk certified that he sent up such a notice, but nonesuch appeared among the papers. 2d. Because the bill of exceptions was not signed or certified, within thirty days from the adjournment of the Court. The Judge certified that the bill of exceptions arrived at his-residence before the expiration of the_thirty…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] A preliminary motion was made to dismiss the writs of error, in these cases, upon several grounds. We deem it ne*401cessary to consider one of them, only, namely: that no notice was served upon the defendant; for, if this objection be well taken, in point of fact, it is fatal.
The Act organizing this Court, requires that in a criminal cause, the notice of the signing of the bill of exceptions, shall be served on the attorney or Solicitor General. The notices,, in these cases, were served on John M. Edge, who, in the absence of the Solicitor…
2Cited by1 opinion
- Butts v. StateSupreme Court of Georgia · 1892