Opinion
46405.
SUBMITTED SEPTEMBER 7, 1971.
DECIDED OCTOBER 5, 1971.
Certiorari to recorder's court. Dougherty Superior Court. Before Judge Kelley.
Smith, Gardner, Wiggins, Geer Brimberry, M. M. Wiggins, Jr., Oscar T. Cook, Jr., for appellant.
Landau, Davis Farkas, James V. Davis, for appellee.
The defendant was convicted of reckless driving in violation of an ordinance of the City of Albany in the Recorder's Court. The superior court affirmed on certiorari. In his application for certiorari the defendant raised constitutional questions. Held:
The only issues argued before us are some of the constitutional questions which were not raised in the trial court. Where it does not appear in the record that issues were made in the trial court, they cannot be raised by certiorari in the superior court and reviewed in this court. Smith v. Mayor c. of Macon, 202 Ga. 68 ( 42 S.E.2d 128); Brockett v. Maxwell, 200 Ga. 213 ( 36 S.E.2d 638); Martin v. State, 199 Ga. 731 ( 35 S.E.2d 151); Duren v. City of Thomasville, 125 Ga. 1 ( 53 S.E. 814); Smith v. City of Albany, 97 Ga. App. 731 ( 104 S.E.2d 488).
Judgment affirmed. Pannell and Deen, JJ., concur.