MacINTYRE, P. J.
Where the Superior Court of Fulton County dismissed the writ of certiorari to the Criminal Court of Fulton County in a bond-forfeiture case "because the solicitor-general of the circuit had not been served with copy of the proceedings or given any notice," Held:
( a) A failure to give the solicitor-general at least ten days' written notice of the sanction of a writ of certiorari to which the State is a party and of the time and place of hearing (unless prevented by unavoidable cause), or to obtain a waiver of such notice, is fatal to the proceedings. Moore v. State, 96 Ga. 309 ( 22 S.E. 960); Glenn v. State, 122 Ga. 593, 595 ( 50 S.E. 371); Culbreth v. State, 115 Ga. 242 ( 41 S.E. 594); McElhannon v. State, 112 Ga. 221 ( 37 S.E. 402); Butts v. State, 90 Ga. 450 ( 16 S.E. 96); Scott v. State, 75 Ga. App. 684 (2-a) ( 44 S.E.2d 391); Hudson v. State, 21 Ga. App. 506 ( 94 S.E. 581); Johnson v. State, 2 Ga. App. 181 (1) ( 58 S.E. 415); Code § 19-212; Constitution of 1945, art. VI, sec. XI, par. II (Code, Ann., § 2-4602). See, in this connection, Williams v. State, 121 Ga. 195 ( 48 S.E. 938). Service upon and notice to the Solicitor of the Criminal Court of Fulton County is insufficient to cure the defect.
( b) The court did not err in dismissing the writ of certiorari.
Judgment affirmed. Gardner and Townsend, JJ., concur.
DECIDED DECEMBER 13, 1948.