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78 Ga. App. 801

52 S.E.2d 624

Holtzendorf v. State

Court of Appeals of Georgia

Decided March 18, 1949

Court of Appeals of Georgia · decided 1949-03-18

Relies on Dickey v. State · 27 Ga. App. 764 - Fillingame v. State · 27 Ga. App. 767 - Hooks v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1949-03-18

How this case has been cited

Cited by 7 later decisions — most recently June 1989

7 state decisions

4019491950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶11. There is no authority of law for excepting in the same petition for writ of certiorari to the rendition of two separate verdicts and two separate judgments based thereon, notwithstanding the fact that said verdicts and judgments are based on two separate accusations charging separate misdemeanors which were by agreement tried together before the same jury. In order to set aside either of such verdicts and judgments, the complaining party must proceed separately as to each. See Fillingame v. State,27 Ga. App. 764 (109 S.E. 916); Bridges v. State,27 Ga. App. 767 (110 S.E. 412); Dickey v. State,101 Ga. 572 (28 S.E. 980); Hornsby v. State,44 Ga. App. 788 (163 S.E. 516).

¶22. By two separate accusations the defendant was accused of two separate misdemeanors. By agreement the cases were tried together. The jury returned two separate verdicts of guilty and the court imposed two *802 separate sentences. The defendant filed one petition for writ of certiorari in the superior court, complaining of these two verdicts and judgments. The judge overruled the certiorari and this judgment is assigned as error.

¶3It follows that this court has no jurisdiction of the writ of error sued out in the instant case, and the same is therefore

¶4Dismissed. MacIntyre, P. J., and Gardner, J., concur.

¶5

DECIDED MARCH 18, 1949.

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