Archie v. State

Lumpkin, Justice.

Tlie plaintiff in error, upon a trial before a jury in tlie city court of Cartersville, was convicted of a misdemeanor, lie filed a motion for a new trial; but, before tlie same was passed upon, voluntarily dismissed it, and sued out a writ of certiorari to the superior court. For answer to tlie writ of certiorari, tlie judge of tlie city court stated, in effect, tliat tlie accused, having elected to move for a new trial, was bound by liis election; and, after voluntarily abandoning the remedy he had chosen, could not elect to avail himself of another; and, further, that no…