Baker v. State

Supreme Court of Georgia

Baker v. State

172 S.E.2d 409, 226 Ga. 45, 1970 Ga. LEXIS 425

CourtSupreme Court of Georgia

DecidedJanuary 8, 1970

Docket25514

StatusPublished

Cited by3 cases

This text of 172 S.E.2d 409 (Baker v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Baker v. State, 172 S.E.2d 409, 226 Ga. 45, 1970 Ga. LEXIS 425 (Ga. 1970).

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Opinion

Felton, Justice.

This appeal, from a judgment of conviction of the crime of murder with a sentence of life imprisonment, was docketed in this court on October 10, 1969. The enumeration of errors was filed on October 22, 1969, 2 days after the required filing date, which may be deemed as failure to perfect the appeal. See Kelley v. Holy Family Hospital, 224 Ga. 641 (163 SE2d 716) and cit. No such providential cause for the late filing of the enumeration of errors as would except this case from the provision of Rule 14 of this court (221 Ga. 884) appears from a showing that, subsequent to the injury on Sunday, October 12, 1969, of counsel’s secretary, she attempted unsuccessfully to work during that next week, but was unable to type, and on Friday, October 17 was confined to her home for bed rest for at least 6 weeks, and that *46 counsel relied on her to prepare the enumeration of errors and was unable to hire someone else or do it himself because of his heavy workload.

Argued November 12, 1969 Decided January 8, 1970 Rehearing denied January 26, 1970. L. Paul Cobb, Jr., for appellant. Richard Bell, District Attorney, Eugene Highsmith, Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Marion 0. Gordon, Assistant Attorney General, Larry H. Evans, for appellee.

Since there was a failure to perfect the appeal within the meaning of Rule 14, the appellee’s motion to dismiss the appeal is granted and the appeal is

Dismissed.

All the Justices concur.

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Felton, Justice.

This appeal, from a judgment of conviction of the crime of murder with a sentence of life imprisonment, was docketed in this court on October 10, 1969. The enumeration of errors was filed on October 22, 1969, 2 days after the required filing date, which may be deemed as failure to perfect the appeal. See Kelley v. Holy Family Hospital, 224 Ga. 641 (163 SE2d 716) and cit. No such providential cause for the late filing of the enumeration of errors as would except this case from the provision of Rule 14 of this court (221 Ga. 884) appears from a showing that, subsequent to the injury on Sunday, October 12, 1969, of counsel’s secretary, she attempted unsuccessfully to work during that next week, but was unable to type, and on Friday, October 17 was confined to her home for bed rest for at least 6 weeks, and that *46 counsel relied on her to prepare the enumeration of errors and was unable to hire someone else or do it himself because of his heavy workload.

Argued November 12, 1969 Decided January 8, 1970 Rehearing denied January 26, 1970. L. Paul Cobb, Jr., for appellant. Richard Bell, District Attorney, Eugene Highsmith, Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Marion 0. Gordon, Assistant Attorney General, Larry H. Evans, for appellee.

Since there was a failure to perfect the appeal within the meaning of Rule 14, the appellee’s motion to dismiss the appeal is granted and the appeal is

Dismissed.

All the Justices concur.

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Bluebook (online)

172 S.E.2d 409, 226 Ga. 45, 1970 Ga. LEXIS 425, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-state-ga-1970.

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