Home/Supreme Court of Georgia/Gardner v. State

Gardner v. State

42 S.E. 758, 116 Ga. 537, 1902 Ga. LEXIS 168
CourtSupreme Court of Georgia
DecidedNovember 12, 1902
StatusPublished
Cited by2 cases

This text of 42 S.E. 758 (Gardner 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
Gardner v. State, 42 S.E. 758, 116 Ga. 537, 1902 Ga. LEXIS 168 (Ga. 1902).

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.

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Related

Scott v. State
42 S.E.2d 381 (Supreme Court of Georgia, 1947)

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Bluebook (online)
42 S.E. 758, 116 Ga. 537, 1902 Ga. LEXIS 168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gardner-v-state-ga-1902.