Opinion
21342.
SUBMITTED SEPTEMBER 11, 1961.
DECIDED SEPTEMBER 12, 1961.
Habeas corpus. Tattnall Superior Court. Before Judge Durrence.
Edgar Lee Nicholson, pro se. Eugene Cook, Attorney-General, Earl L. Hickman, Assistant Attorney-General, contra.
The only showing of service of the bill of exceptions is a certificate by plaintiff in error that he had served the defendant by mailing same. This clearly falls short of the requirement found in the statute ( Code Ann. § 6-911; Ga. L. 1953, Nov.-Dec. Sess., pp. 440, 456). The record thus showing a lack of service, the Supreme Court is without jurisdiction, and the writ of error must be dismissed. Walden v. Weston, 183 Ga. 276 ( 188 S.E. 335); Warnock v. Woodard, 183 Ga. 367 ( 188 S.E. 336).
Writ of error dismissed. All the Justices concur.