Dempsey v. State

Court of Appeals of Georgia

Dempsey v. State

119 S.E.2d 298, 103 Ga. App. 354, 1961 Ga. App. LEXIS 937

CourtCourt of Appeals of Georgia

DecidedFebruary 21, 1961

Docket38713

StatusPublished

Cited by5 cases

This text of 119 S.E.2d 298 (Dempsey 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

Dempsey v. State, 119 S.E.2d 298, 103 Ga. App. 354, 1961 Ga. App. LEXIS 937 (Ga. Ct. App. 1961).

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Opinion

Frankum, Judge.

This case is controlled by the following decision: “By two separate accusations the defendant was accused of two separate misdemeanors. The cases were consolidated and the defendant was tried under both accusations, and separate verdicts of guilty were returned in each case, and separate judgments thereon were rendered. A single motion for a new trial covering both cases was made by the defendant and was overruled by the court, and the defendant filed one bill of exceptions seeking a review of that judgment. Held, that there is no authority of law for the defendant to bring both cases to the reviewing court by one bill of exceptions, and this court has no jurisdiction to entertain the writ of error. Dickey v. State, 101 Ga. 572 (28 S. E. 980); Paschal v. Morgan, 19 Ga. App. 245 (91 S. E. 285); Futch v. Mathis, 148 Ga. 558 (97 S. E. 515).” Hornsby v. State, 44 Ga. App. 788 (163 S. E. 516).

See also Allen v. Woods, 44 Ga. App. 430 (161 S. E. 655); Johnson v. Lock, 35 Ga. App. 587 (134 S. E. 197); Bridges v. State, 27 Ga. App. 767 (110 S. E. 412); Fillingame v. State, 27 Ga. App. 764 (109 S. E. 916); Allen v. State, 26 Ga. App. 671 (106 S. E. 796); Chambers v. Walker, 26 Ga. App. 586 (106 S. E. 811).

Writ of error dismissed.

Townsend, P. J., Carlisle and Jordan, JJ., concur. *355 Decided February 21, 1961 Rehearing denied March 15, 1961. Fullbright ,<fe Duffey, William 0. Green, for plaintiff in error. Chastine Parker, Solicitor-General, Horace T. Clary, Assistant Solicitor-General, contra.

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Frankum, Judge.

This case is controlled by the following decision: “By two separate accusations the defendant was accused of two separate misdemeanors. The cases were consolidated and the defendant was tried under both accusations, and separate verdicts of guilty were returned in each case, and separate judgments thereon were rendered. A single motion for a new trial covering both cases was made by the defendant and was overruled by the court, and the defendant filed one bill of exceptions seeking a review of that judgment. Held, that there is no authority of law for the defendant to bring both cases to the reviewing court by one bill of exceptions, and this court has no jurisdiction to entertain the writ of error. Dickey v. State, 101 Ga. 572 (28 S. E. 980); Paschal v. Morgan, 19 Ga. App. 245 (91 S. E. 285); Futch v. Mathis, 148 Ga. 558 (97 S. E. 515).” Hornsby v. State, 44 Ga. App. 788 (163 S. E. 516).

See also Allen v. Woods, 44 Ga. App. 430 (161 S. E. 655); Johnson v. Lock, 35 Ga. App. 587 (134 S. E. 197); Bridges v. State, 27 Ga. App. 767 (110 S. E. 412); Fillingame v. State, 27 Ga. App. 764 (109 S. E. 916); Allen v. State, 26 Ga. App. 671 (106 S. E. 796); Chambers v. Walker, 26 Ga. App. 586 (106 S. E. 811).

Writ of error dismissed.

Townsend, P. J., Carlisle and Jordan, JJ., concur. *355 Decided February 21, 1961 Rehearing denied March 15, 1961. Fullbright ,<fe Duffey, William 0. Green, for plaintiff in error. Chastine Parker, Solicitor-General, Horace T. Clary, Assistant Solicitor-General, contra.

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Bluebook (online)

119 S.E.2d 298, 103 Ga. App. 354, 1961 Ga. App. LEXIS 937, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dempsey-v-state-gactapp-1961.

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