Hicks v. State

Court of Appeals of Georgia

Hicks v. State

172 S.E.2d 453, 121 Ga. App. 52, 1970 Ga. App. LEXIS 1100

CourtCourt of Appeals of Georgia

DecidedJanuary 27, 1970

Docket44937

StatusPublished

Cited by7 cases

This text of 172 S.E.2d 453 (Hicks 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

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

Pincite

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.

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

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.

Cite This Page — Counsel Stack

Bluebook (online)

172 S.E.2d 453, 121 Ga. App. 52, 1970 Ga. App. LEXIS 1100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hicks-v-state-gactapp-1970.

Opinions

Related

Cite This Page — Counsel Stack