Maddox v. City of Newnan

Full title: MADDOX v. CITY OF NEWNAN

Court: Court of Appeals of Georgia

Date published: May 23, 1969

168 S.E.2d 784 (Ga. Ct. App. 1969)

168 S.E.2d 784

Opinion

44470.

SUBMITTED MAY 6, 1969.

DECIDED MAY 23, 1969.

Disorderly conduct, etc. Coweta Superior Court. Before Judge Knight.

J. L. Jordan, for appellant.

Sanders, Mottola Haugen, Charles Van S. Mottola, for appellee.

DEEN, Judge.

The defendant was convicted of disorderly conduct and resisting arrest on January 8, 1968, in the Recorder's Court of the City of Newnan. Two previous applications for certiorari to the Superior Court of Coweta County having failed ( Maddox v. City of Newnan, 118 Ga. App. 347 ( 163 S.E.2d 756) and 119 Ga. App. 54 ( 165 S.E.2d 927)) he moved to set aside the judgment for reasons dehors the record on February 10, 1969. The motion was denied and application for certiorari dismissed. This procedure was proper. The motion, if maintainable in any event, comes too late after the judgment of conviction has been affirmed by this court. Frank v. State, 142 Ga. 741 (2a) ( 83 S.E. 645, LRA 1915D 817); Hodges v. Balkcom, 209 Ga. 856 (2) ( 76 S.E.2d 798).

Judgment affirmed. Bell, P. J., and Eberhardt, J., concur.

SUBMITTED MAY 6, 1969 — DECIDED MAY 23, 1969.