Cook v. State

47 S.E. 562, 120 Ga. 137, 1904 Ga. LEXIS 463
CourtSupreme Court of Georgia
DecidedMay 10, 1904
StatusPublished
Cited by8 cases

This text of 47 S.E. 562 (Cook 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.

Bluebook
Cook v. State, 47 S.E. 562, 120 Ga. 137, 1904 Ga. LEXIS 463 (Ga. 1904).

Opinion

Evans, J.

A bill of exceptions must be filed, within fifteen, days from the date of the certificate of the judge, in the clerk’s office of the court whose judgment is sought to be reviewed. The Penal Code, § 1075, providing for fast bill of exceptions in criminal cases, while making no reference to the filing, does not alter or amend the general law (Civil Code, § 5554) as to the filing and time of filing of the bill of exceptions. It appearing that the bill of exceptions in this case was not filed within fifteen days from the date of the certifi[138]*138cate of the judge, a motion to dismiss the writ of error on this ground must he granted. Greer v. Prator, 59 Ga. 881; Vickers v. Sanders, 106 Ga. 265; Miller v. Blitch, 74 Ga. 361.

Submitted April 21, Decided May 10, 1904. Motion to. dismiss the writ of error. G. L. Redman, for plaintiff in error. O. H. B. Bloodworth, solicitor-general, contra.

Writ of error dismissed.

All the Justices concur.

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Cite This Page — Counsel Stack

Bluebook (online)
47 S.E. 562, 120 Ga. 137, 1904 Ga. LEXIS 463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-state-ga-1904.