Fair v. State

Nichols, Presiding Judge.

1. The judgment of this court [Fair v. State, 109 Ga. App. 746, 137 SE2d 378), dismissing the writ of error, having been reversed by the Supreme Court of Georgia (Fair v. State, 220 Ga. 326, 138 SE2d 653), the judgment of this court is vacated.

2. In Wilson v. State, 215 Ga. 775 (113 SE2d 607), the Supreme Court held: “The Act of 1945 (Ga. L. 1945, p. 145; Code Ann. § 81-1501), vesting in the Supreme Court the power to prescribe rules of procedure and practice when ratified by the General Assembly, did not authorize the court to prescribe rules of procedure, pleadings…