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Hicks v. State

172 S.E.2d 453, 121 Ga. App. 52, 1970 Ga. App. LEXIS 1100
Court of Appeals of Georgia·Decided January 27, 1970·No. 44937·Published·Cited by 7 cases

Opinions

Pannell, Judge.

The defendant was found guilty of the possession of burglary tools and was sentenced to a term of three years. His notice of appeal states the case and, in essential part, is as follows: “The defendant herein now gives this his notice of appeal, said appeal to be filed with the Court of Appeals of Georgia.” “Nowhere does the notice set forth ‘a concise statement of the judgment, ruling or order entitling the appellant to take an appeal.’ Nor does it contain ‘a brief statement of the offense and the punishment prescribed,’ as required in criminal cases. Hence, the notice of appeal does not satisfy the requirements of the Appellate Practice Act (Ga. L. 1965, pp. 18, 20; Ga. L. 1966, pp. 493, 495; 'Code Ann. § 6-802), and therefore must be dismissed. Ballew v. State, 225 Ga. 547 (170 SE2d 242).

Appeal dismissed.

Eberhardt, J., concurs. Jordan, P. J., concurs specially.

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Hicks v. State, 172 S.E.2d 453, 121 Ga. App. 52, 1970 Ga. App. LEXIS 1100 (Ga. Ct. App. 1970).

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Hicks v. State
172 S.E.2d 453 (Court of Appeals of Georgia, 1970)