DocketNumber: 9270
Judges: Bloodworth
Filed Date: 12/19/1917
Status: Precedential
Modified Date: 10/19/2024
1. The writ of certiorari was issued August 1, and was properly made returnable to the term of court which convened in September next thereafter. Civil Code (1910), § 5188.
2. The solicitor-general of the circuit not having been served with notice of the . sanction of the certiorari, and not having acknowledged service thereof, the certiorari was properly dismissed. “Failure to serve the solicitor-general with a notice of the sanction of the petition for certiorari in a criminal case within the time prescribed by law, except in case of ‘unavoidable cause’ preventing such service, is ground for dismissal.” Johnson v. State, 2 Ga. App. 181 (58 S. E. 415); Culbreth v. State, 115 Ga. 242 (41 S. E. 594). See also Mahaffey v. State, 15 Ga. App. 483 (83 S. E. 795), and cases cited.
Judgment affirmed.