Carter v. State
| Decision Date | 27 January 1908 |
| Docket Number | (No. 858.) |
| Citation | 60 S.E. 123,3 Ga.App. 476 |
| Parties | CARTER . v. STATE. |
| Court | Georgia Court of Appeals |
The evidence as specifically set forth by the county judge, in his answer to the writ of certiorari is conclusive, unless traversed; and a reviewing court will not look to the evidence as set forth in the petition for certiorari to add to or in any manner to change the evidence as set forth in the answer. Evans v. Forsythe, 126 Ga. 589, 55 S. E. 490; Brown v. Gainesville, 125 Ga. 238, 53 S. E. 1002.
Where the evidence as set forth in the answer to the writ of certiorari, although weak, is sufficient to support the finding, and the only error assigned is that such finding was not supported by the evidence, this court will not interfere with the judgment of the superior court overruling the certiorari.
[Ed. Note.—For cases in point, see Cent. Dig. vol. 15, Criminal Law, §§ 3074-3084.]
(Syllabus by the Court.)
Error from Superior Court, Henry County; E. J. Reagan, Judge.
George Carter was convicted of crime, and brings error. Affirmed.
Brown & Brown, for plaintiff in error.
O. H. B. Bloodworth, Sol. Gen., and O. H. B. Bloodworth, Jr., for the State.
To continue reading
Request your trial
-
Davis v. Sawtell
...untraversed answer of the magistrate whose judgment is sought to be reviewed on certiorari is conclusive as to the facts. Carter v. State, 3 Ga.App. 476, 60 S.E. 123; Evans v. Forsyth, 126 Ga. 589, 55 S.E. The certiorari in this case involved no question of fact, and the final judgment as r......