13211 | Ga. Ct. App. | Apr 11, 1922
1. Where an act creating a city court at any other place than Atlanta or Savannah does not provide for a jury of twelve in all eases, or for such a jury upon demand by either party to a case, whether civil or criminal, the court is not a constitutional city court, and has no power to grant new trials, and a writ of error does not lie from it to the Court of Appeals. Monford v. State, 114 Ga. 528 (40 S.E. 798" date_filed="1902-02-04" court="Ga." case_name="Monford v. State">40 S. E. 798); Welborne v. State, 114 Ga. 793 (40 S.E. 857" date_filed="1902-03-10" court="Ga." case_name="Welborne v. State">40 S. E. 857); Ash v. Peoples Bank of Oliver, 149 Ga. 713 (101 S.E. 912" date_filed="1920-01-16" court="Ga." case_name="Ash v. Peoples Bank">101 S. E. 912).
2. It is provided in the act creating the city court of Claxton (Ga. L. 1919, sec. 14, p. 451) that either party in a civil case, or the defendant in a criminal case, can on demand have a trial by a jury of twelve. Under the provisions of the act the State, in a criminal ease, cannot on demand have a jury of twelve. It follows from the ruling in the preceding paragraph that the city court of Claxton is not a constitutional city court, and has no power to grant new trials, and a writ of error does not lie from it to the Court of Appeals.
Writ of error dismissed.