Fowler v. State

Supreme Court of Georgia

Fowler v. State

177 S.E.2d 47, 226 Ga. 646, 1970 Ga. LEXIS 623

CourtSupreme Court of Georgia

DecidedSeptember 10, 1970

Docket25885

StatusPublished

Cited by4 cases

This text of 177 S.E.2d 47 (Fowler 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

Fowler v. State, 177 S.E.2d 47, 226 Ga. 646, 1970 Ga. LEXIS 623 (Ga. 1970).

Pincite

Opinion

Nichols, Justice.

On December 19, 1969, the defendant was convicted of two counts of failing to collect sales tax. On *647 December 22, 1969, a notice of appeal was filed in which it was stated: “A transcript of the evidence in the above-named case is to be transmitted as part of the record and nothing is to be omitted from the record.” The transcript of the evidence in the case was not filed until April 22, 1970, and nowhere in the record is there contained any extension of time for the filing of the transcript. Held:

Submitted June 9, 1970 Decided September 10, 1970. Robert L. Cork, R. R. Buckley, for appellant. W. J. Forehand, District Attorney, for appellee.

Under the decisions of this court in Fahrig v. Garrett, 224 Ga. 817 (165 SE2d 126); Hardy v. D. G. Machinery &c. Co., 224 Ga. 818 (165 SE2d 127), this appeal must be dismissed.

Appeal dismissed.

All the Justices concur. Hawes, J., disqualified.

Free access — add to your briefcase to read the full text and ask questions with AI

Nichols, Justice.

On December 19, 1969, the defendant was convicted of two counts of failing to collect sales tax. On *647 December 22, 1969, a notice of appeal was filed in which it was stated: “A transcript of the evidence in the above-named case is to be transmitted as part of the record and nothing is to be omitted from the record.” The transcript of the evidence in the case was not filed until April 22, 1970, and nowhere in the record is there contained any extension of time for the filing of the transcript. Held:

Submitted June 9, 1970 Decided September 10, 1970. Robert L. Cork, R. R. Buckley, for appellant. W. J. Forehand, District Attorney, for appellee.

Under the decisions of this court in Fahrig v. Garrett, 224 Ga. 817 (165 SE2d 126); Hardy v. D. G. Machinery &c. Co., 224 Ga. 818 (165 SE2d 127), this appeal must be dismissed.

Appeal dismissed.

All the Justices concur. Hawes, J., disqualified.

Cite This Page — Counsel Stack

Bluebook (online)

177 S.E.2d 47, 226 Ga. 646, 1970 Ga. LEXIS 623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fowler-v-state-ga-1970.

Opinion

Related

Cite This Page — Counsel Stack