Smith v. State

1. Where upon, writ of certiorari the answer of the inferior tribunal to the petition for certiorari is neither traversed nor excepted to as provided by law, the superior court is bound by such answer. Rutland v. Hill, 19 Ga. App. 528 (91 S. E. 922); Roberson v. Fowler, 80 Ga. App. 248 (55 S. E. 2d, 862); Hopkins v. Southern Ry. Co., 110 Ga. 85 (1) (35 S. E. 307); Warren v. Wilson & Creekmur, 63 Ga. 372.

2. Where in a petition for certiorari one of the grounds of error alleged is the failure of the State to prove the venue of the crime, and the inferior tribunal in its answer to the petition…