Avery v. State

• Decision Date: 18 June 1908
• Docket Number: 1,195.
• Citation: 61 S.E. 839,4 Ga.App. 460
• Parties: AVERY v. STATE.
• Court: Georgia Court of Appeals

61 S.E. 839

4 Ga.App. 460

AVERY v. STATE.

No. 1,195.

Court of Appeals of Georgia

June 18, 1908

Syllabus by the Court.

The judges of the superior courts have jurisdiction to hear and determine certioraries in criminal cases as in civil cases in vacation, and in a county other than that wherein the plaintiff in certiorari was tried and convicted. Pen. Code 1895, §§ 764, 767; Civ. Code 1895, § 4323.

The judge of the superior court, on the application of either the plaintiff in certiorari or the solicitor general, can pass an order fixing a time and place for hearing the certiorari, and, when the time and place is fixed by the court on the application of the solicitor general, the solicitor general shall give the accused or his attorney ten days' notice in writing of the time and place of the hearing. This notice need not be given by him officially. It is sufficient if given by any one acting under his direction. If the accused, by his counsel, appear at the time and place so fixed and participates in the hearing, he will be presumed to have waived the 10 days' notice required by statute (Civ. Code 1895, § 4324).

The verdict was fully supported by the evidence, and there was no error in overruling the certiorari.

Error from Superior Court, Putnam County; H. G. Lewis, Judge.

T. J. Avery was convicted of a crime, and he brings error. Affirmed.

W. T. Davidson, for plaintiff in error.

Jos. E. Pottle, Sol. Gen., and S. T. Wingfield, for the State.

HILL, C.J.

Judgment affirmed.