124 Ga. 811 | Ga. | 1906
The bill of exceptions recites, that the defendant was tried for the offense of assault and battery, in the city court of Macon, and was convicted by the jury; that a motion for anew trial was made and an approved brief of the evidence was duly filed, and
The bill of exceptions utterly fails to make any assignment of error. Williams v. Augusta Southern R. Co., 98 Ga. 392. When a bill of exceptions contains no assignment of error, the uniform practice has been to dismiss the writ of error. Goneke v. Garrett, 6 Ga. 119; Anderson v. Baker, 58 Ga. 604; Sewell v. Conkle, 64 Ga. 436; Clark v. State, 68 Ga. 784; Dismukes v. Bainbridge State Bank, 99 Ga. 179; Case v. Brotherton, 105 Ga. 510; Gunter v. Smith, 113 Ga. 19; Jackson v. Fitzpatrick, 114 Ga. 364; Atlantic R. Co. v. Penny, 119 Ga. 479; Citizens Banking Co. v. Paris, 119 Ga. 518; Newberry v. Tenant, 121 Ga. 561; Williams v. R. Co., supra. Counsel for the plaintiff in error seeks to avoid this effect by offering an amendment, for the first time in this court assigning error; and relies upon the Civil Code, §5570, which provides that no writ of error shall be dismissed when, “by an amendment to the bill of exceptions, . . any imperfection or omission of necessary and proper allegations could be corrected from the record in the case.” Amendments allowable under this section are, by its own
Writ of error dismissed.