Gardner v. State

42 S.E. 758, 116 Ga. 537, 1902 Ga. LEXIS 168

Opinion

Simmons, C. J.

A motion for new trial made and filed in vacation is in law a mere nullity. Such a motion should therefore be dismissed, and it is error to entertain it and undertake to decide it upon its merits. Collier v. State, 115 Ga. 17; Johnson v. State, ante.

Judgment reversed, with direction.

All the Justices concurring, except Lumpkin, P. J., absent, and Candler, J., not presiding.