Legal Opinion

Shadinger v. State

Court of Appeals of Georgia

Decided February 8, 1946No. 31154Published

1Opinion of the CourtGardner, J.

The certificate of the trial judge to the bill of exceptions fails to state that the bill of exceptions is true. For this reason it is incumbent upon and the duty of this court to ■ dismiss the bill of exceptions for lack of jurisdictional authority to pass upon the alleged errors assigned. Code, § 6-806; Head v. State, 50 Ga. App. 190 (177 S. E. 255); Borden v. Atlantic Coast Line R. Co., 60 Ga. App. 206 (3 S. E. 2d, 469). Where the trial judge fails to certify that the bill of exceptions "is true” it is the duty of this court to dismiss the bill of exceptions of its own motion. Etheridge v.…

2Cases cited3 opinions

  1. Etheridge v. HendersonSupreme Court of Georgia · 1939
  2. Borden v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1939
  3. Head v. StateCourt of Appeals of Georgia · 1934

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