Arnold v. State

1. Where, upon his conviction in the Criminal Court of Fulton County for the possession of non-tax-paid whisky, the defendant applied for a writ of certiorari to the Superior Court of Fulton County on ’ the ground that the State had failed to establish the venue of the case, and upon the hearing the State admitted its failure to establish the venue, it is proper for the superior court to sustain the certiorari and remand the case to the trial court for another trial, and it is not proper for the superior court in such a case to enter a final judgment therein, as in such a case the error…