126 Ga. 635 | Ga. | 1906
1. The Supreme Court is without jurisdiction to pass upon, the merits of any bill of exceptions the recitals of fact in which are not duly certified to be true. Civil Code, § 5526; Cade v. DuBose, 125 Ga. 832, and cit.
(a) Exceptions pendente lite must be not only tendered within the time prescribed by statute, but, if “allowed” in the trial court (Civil Code, § 5526), also “certified to be true by the judge and ordered to be placed' on the record." Civil Code, §5541; Howard v. Chamberlin, 64 Ga. 684, 694; Nacoochee Co. v. Davis, 40 Ga. 309.
(b) Merely granting leave to file a paper, or ordering that it be made a part of the record, does not amount to a certificate verifying' the same. Jackson v. State, 116 Ga. 834; Williams v. State, 120 Ga. 488. So an endorsement entered upon a bill of exceptions and signed by the presiding judge, to the effect that the exceptions were “filed” on a specified day, can not be regarded as the legal equivalent of a certificate that the recitals of the bill of exceptions are true.
2. The evidence for the State made out the charge as laid in the accusation, and there was no error in overruling the motion for a new trial, in which the only complaint made by the accused was that the evidence did not warrant the verdict of guilty.
Judgment affirmed.