Supreme Court of Georgia, 1917

Cooper v. State

Cooper v. State
Supreme Court of Georgia · Decided November 17, 1917 · Gilbert
147 Ga. 425; 94 S.E. 235; 1917 Ga. LEXIS 231

Cooper v. State

Opinion of the Court

Gilbert, J.

A motion to dismiss the bill of exceptions, made by the solicitor-general, must prevail in this case. It appears that counsel for the plaintiff in error mailed the bill of exceptions, after it had been duly certified, to the solicitor-general, who, upon receiving it in due course ■of mail, returned it, stating that he refused to acknowledge or waive service, because the bill of exceptions was not correct.' This was not such a sei'vice of the bill of exceptions as is contemplated by the statute. Civil Code (1910), § 6160; Crow v. State, 111 Ga. 645 (36 S. E. 858) ; Albritton v. Tygart, 139 Ga. 231 (77 S. E. 28).

Writ of error dismissed.

All the Justices concur, eoscept Pish, O. J., absent.

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