Graves v. State

Court of Appeals of Georgia

Graves v. State

156 S.E.2d 205, 116 Ga. App. 19, 1967 Ga. App. LEXIS 672

CourtCourt of Appeals of Georgia

DecidedJune 16, 1967

Docket42835

StatusPublished

Cited by8 cases

This text of 156 S.E.2d 205 (Graves 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

Graves v. State, 156 S.E.2d 205, 116 Ga. App. 19, 1967 Ga. App. LEXIS 672 (Ga. Ct. App. 1967).

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Opinion

Pannell, Judge.

The defendant was charged, tried and convicted of the offense of possessing and transporting intoxicating liquor contrary to the law, and sentence was entered on March 23, 1966. On April 1, 1966, a rule nisi issued on a motion for new trial filed by the defendant setting the motion for hearing on May 2, 1966. The record does not disclose that this motion has been passed upon. On the 14th day of April, 1966, a notice of appeal was filed from the sentence entered on March 23, 1966. The transcript of evidence, including the charge of the court, was filed in the office of the clerk of the lower court on March 28, 1967. The record and transcript were filed in the appellate court on April 12, 1967. Held:

The notice of appeal having ■ been filed while motion for new trial was pending the appeal was prematurely made and must be dismissed (Kurtz v. State, 115 Ga. App. 665 (1)), and even if the motion for new trial was overruled prior to the filing of the notice of appeal, still the appeal must be dismissed, for the reason that the transcript of evidence was not filed in the office of the clerk of the lower court within *20 thirty days of the filing of the notice of appeal and, in the absence of the proper orders extending the time for filing said transcript, the appeal must be dismissed. Davis v. Davis, 222 Ga. 579 (151 SE2d 123); Kurtz v. State, supra.

Submitted June 12,1967 Decided June 16, 1967. Mitchell & Mitchell, Warren N. Coppedge, Jr., for appellant.

Appeal dismissed.

Bell, P. J., and Joslin, J., concur.

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Pannell, Judge.

The defendant was charged, tried and convicted of the offense of possessing and transporting intoxicating liquor contrary to the law, and sentence was entered on March 23, 1966. On April 1, 1966, a rule nisi issued on a motion for new trial filed by the defendant setting the motion for hearing on May 2, 1966. The record does not disclose that this motion has been passed upon. On the 14th day of April, 1966, a notice of appeal was filed from the sentence entered on March 23, 1966. The transcript of evidence, including the charge of the court, was filed in the office of the clerk of the lower court on March 28, 1967. The record and transcript were filed in the appellate court on April 12, 1967. Held:

The notice of appeal having ■ been filed while motion for new trial was pending the appeal was prematurely made and must be dismissed (Kurtz v. State, 115 Ga. App. 665 (1)), and even if the motion for new trial was overruled prior to the filing of the notice of appeal, still the appeal must be dismissed, for the reason that the transcript of evidence was not filed in the office of the clerk of the lower court within *20 thirty days of the filing of the notice of appeal and, in the absence of the proper orders extending the time for filing said transcript, the appeal must be dismissed. Davis v. Davis, 222 Ga. 579 (151 SE2d 123); Kurtz v. State, supra.

Submitted June 12,1967 Decided June 16, 1967. Mitchell & Mitchell, Warren N. Coppedge, Jr., for appellant.

Appeal dismissed.

Bell, P. J., and Joslin, J., concur.

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156 S.E.2d 205, 116 Ga. App. 19, 1967 Ga. App. LEXIS 672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graves-v-state-gactapp-1967.

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