Folsom v. State
Court of Appeals of Georgia
Certiorari; from Baldwin superior court — Judge J. B. Park. March 22, 1912 The plaintiff in error was convicted of the offense of simple larceny at the December term, 1911, of the county court of Baldwin county, on an indictment transferred from the superior court; and his counsel presented to the judge of the superior court of Baldwin county a petition for certiorari,' during the regular session of the January term, 1912. The judge sanctioned the certiorari, in an order…
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Certiorari; from Baldwin superior court — Judge J. B. Park. March 22, 1912 The plaintiff in error was convicted of the offense of simple larceny at the December term, 1911, of the county court of Baldwin county, on an indictment transferred from the superior court; and his counsel presented to the judge of the superior court of Baldwin county a petition for certiorari,' during the regular session of the January term, 1912. The judge sanctioned the certiorari, in an order concluding as follows: “Let the writ of certiorari be issued by the clerk of this court in terms of the law, returnable…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.) Two questions arise for decision: (1) Can a writ of certiorari, sued out to review a judgment of a county court established under the general law, upon its sanction, be ordered by the superior court judge to be heard in vacation? (2) Where a traverse has been filed to the answer of the respondent, has the judge of the superior court jurisdiction to try and determine the traverse in vacation?
*201The law of this State applicable to writs of certiorari in criminal cases, brought for the purpose of reviewing the decisions of county courts of the State, seems to…
2Cases cited2 opinions
- Hicks v. MoyerCourt of Appeals of Georgia · 1912
- Avery v. StateCourt of Appeals of Georgia · 1908
3Cited by2 opinions
- Orr v. RileySupreme Court of Georgia · 1925
- McGinnis v. StateCourt of Appeals of Georgia · 1960