
    Davis v. The City of Rome.
    The municipal ordinance under which the plaintiff in error was convicted of disorderly conduct not appearing in the record, and none of its provisions being stated or recited, the Supreme Court will not reverse a judgment of the superior court overruling a certiorari brought to set the conviction aside. In order to compare evidence with the terms of an ordinance,' the substance of the ordinance, if not its letter, must be before the court.
    August 1, 1892.
    Practice. Evidence. Municipal ordinance. Before Judge Maddox. Floyd superior court. September term, 1891.
    A petition for certiorari was brought by Davis from a conviction before the mayor pro tempore of the city of Rome, “ upon the charge of disorderly conduct in violation of section of code of said city.” The petition set forth the testimony adduced at the trial, and alleged that the judgment of the mayor pro tempore was contrary to law and evidence, and that he erred in not ruling out certain testimony objected to as irrelevant. "What was the “ section of code of said city,” did not appear in the petition. The respondent to the writ adopted the petition as his answer, stating that the facts as alleged therein were true. The certiorari was overruled, and the petitioner excepted.
   Judgment affirmed,.

Gr. & W. Harris, for plaintiff in error.

No appearance contra.  