67 Ga. 633 | Ga. | 1881
Joseph A. McConnell was accused before the county court of Clayton with the offence of carrying concealed weapons. He was found guilty by the jury, petitioned for certiorari, which was sanctioned, the case carried to the superior court, there heard and dismissed, and this is the error complained of before this court.
There are many allegations of error set out in the certiorari, but the answer of the county judge to the writ does not warrant their consideration by the court, as they are not verified, and no legal exceptions were filed thereto,
The defendant was then called upon to answer whether he demanded as a condition to his trial, an indictment or presentment by the grand jury, to which he responded in the negative. He was then asked if he demanded a trial by jury in the county court, and he answered that he did. The judge then drew a jury as required by law. At the trial term, as thus provided for, the defendant moved a continuance, which not coming up to the rule was refused, and the case ordered to proceed.
We perceive no error in the ruling thus made by the county court, nor in its affirmance by the judge of the. superior court. Acts of 1878-9, p. .134; Code, §299.
Judgment affirmed-