Gresham v. State

Court of Appeals of Georgia

Gresham v. State

170 S.E.2d 767, 120 Ga. App. 465, 1969 Ga. App. LEXIS 821

Court of Appeals of Georgia·Decided September 23, 1969·No. 44739, 44740·Published·Cited by 4 cases

Opinion

Pannell, Judge.

The appeals in these cases must be dismissed for the following reasons.

(a) The notices of appeal were filed on the first day of February, 1969, and the transcripts of the proceedings were filed on July 7, 1969. There was no order extending the time for the filing of the transcripts; accordingly, under the decisions of the Supreme Court in Fahrig v. Garrett, 224 Ga. 817 (165 SE2d 126) and Hardy v. D. G. Machinery &c. Co., 224 Ga. 818 (165 SE2d 127), we have no jurisdiction of the appeals.

(b) The enumerations of errors were not filed within twenty days (formerly ten days) after the filing of the records in this court, and no extension of time or providential cause being shown preventing a timely filing, the appeals are sub *466 ject to dismissal for these reasons. Thomas v. State, 118 Ga. App. 748 (165 SE2d 477).

Argued September 12, 1969 Decided September 23, 1969 Rehearing denied October 15, 1969 Larry Cohran, for appellant. Edward E. McGarity, District Attorney, Charles J. Driebe, for appellee.

Appeals dismissed.

Deen and Quillian, JJ., concur.

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

Pannell, Judge.

The appeals in these cases must be dismissed for the following reasons.

(a) The notices of appeal were filed on the first day of February, 1969, and the transcripts of the proceedings were filed on July 7, 1969. There was no order extending the time for the filing of the transcripts; accordingly, under the decisions of the Supreme Court in Fahrig v. Garrett, 224 Ga. 817 (165 SE2d 126) and Hardy v. D. G. Machinery &c. Co., 224 Ga. 818 (165 SE2d 127), we have no jurisdiction of the appeals.

(b) The enumerations of errors were not filed within twenty days (formerly ten days) after the filing of the records in this court, and no extension of time or providential cause being shown preventing a timely filing, the appeals are sub *466 ject to dismissal for these reasons. Thomas v. State, 118 Ga. App. 748 (165 SE2d 477).

Argued September 12, 1969 Decided September 23, 1969 Rehearing denied October 15, 1969 Larry Cohran, for appellant. Edward E. McGarity, District Attorney, Charles J. Driebe, for appellee.

Appeals dismissed.

Deen and Quillian, JJ., concur.

Gresham v. State, 170 S.E.2d 767, 120 Ga. App. 465, 1969 Ga. App. LEXIS 821 (Ga. Ct. App. 1969).

Pincite

170 S.E.2d 767 (Gresham v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related