Grant v. State 126 Ga. 588

Grant et al. v. The State.

Argued October 17,

Decided November 8, 1906.

Petition for certiorari. Before Judge Seabrook. Effingham superior court. August 15, 1906.

Sanction of a petition for certiorari from a judgment of conviction in the county court was refused by the judge of the superior court, “for want of proper affidavit;” and the petitioners excepted. The petition was followed by two affidavits of the petitioners, — one that “the petition for certiorari is not filed in the ease for the purpose of delay only, and we fully believe that we have good cause for certioraring, and that the facts stated in the foregoing petition aré true, so far as they come within our own knowledge and belief, and so far as derived from the knowledge of others we believe them to be true;” the other that “their counsel have advised them, and that they believe they have good reason for certioraring the proceedings in the foregoing petition to the superior court, and that owing to their poverty they are unable to pay the costs or to give the security required by law.”

Twiggs & Oliver and Fdgar J. Oliver, for plaintiffs in error.

Livingston Kenan, solicitor-general, contra.