Brigman v. State

Court of Appeals of Georgia

Brigman v. State

139 S.E. 154, 37 Ga. App. 150, 1927 Ga. App. LEXIS 532

CourtCourt of Appeals of Georgia

DecidedJuly 26, 1927

Docket18230

StatusPublished

This text of 139 S.E. 154 (Brigman v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brigman v. State, 139 S.E. 154, 37 Ga. App. 150, 1927 Ga. App. LEXIS 532 (Ga. Ct. App. 1927).

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Opinion

Broyles, C. J.

Where a defendant in a criminal case enters a plea of guilty, and, before sentence has been passed, moves the court to allow him to withdraw that plea and enter a plea of not guilty, and where the motion is denied and sentence is thereafter passed upon him, and he thereupon sues out a direct bill of exceptions, in which the only assignment of error is upon the refusal to allow him to withdraw his plea of guilty and enter a plea of not guilty, this court can'not entertain the bill of exceptions, since it contains no exception to the final judgment in the case. To give this court jurisdiction of a case, the [151]*151bill of exceptions must contain an assignment of error upon the final judgment rendered. Hester v. Mallary &c. Co., 142 Ga. 320 (82 S. E. 884), and cit.

Decided July 26, 1927. Rehearing denied August 12, 1927. H. L. Williams, for plaintiff in error. Wade H. Watson, solicitor, contra.

Writ of error dismissed.

Lulce and Bloodworth, JJ., concur.

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Broyles, C. J.

Where a defendant in a criminal case enters a plea of guilty, and, before sentence has been passed, moves the court to allow him to withdraw that plea and enter a plea of not guilty, and where the motion is denied and sentence is thereafter passed upon him, and he thereupon sues out a direct bill of exceptions, in which the only assignment of error is upon the refusal to allow him to withdraw his plea of guilty and enter a plea of not guilty, this court can'not entertain the bill of exceptions, since it contains no exception to the final judgment in the case. To give this court jurisdiction of a case, the [151]*151bill of exceptions must contain an assignment of error upon the final judgment rendered. Hester v. Mallary &c. Co., 142 Ga. 320 (82 S. E. 884), and cit.

Decided July 26, 1927. Rehearing denied August 12, 1927. H. L. Williams, for plaintiff in error. Wade H. Watson, solicitor, contra.

Writ of error dismissed.

Lulce and Bloodworth, JJ., concur.

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Bluebook (online)

139 S.E. 154, 37 Ga. App. 150, 1927 Ga. App. LEXIS 532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brigman-v-state-gactapp-1927.

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