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Jenkins v. State

170 S.E.2d 435, 120 Ga. App. 318, 1969 Ga. App. LEXIS 762
CourtCourt of Appeals of Georgia
DecidedSeptember 19, 1969
Docket44611
StatusPublished

This text of 170 S.E.2d 435 (Jenkins 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
Jenkins v. State, 170 S.E.2d 435, 120 Ga. App. 318, 1969 Ga. App. LEXIS 762 (Ga. Ct. App. 1969).

Opinion

Quillian, Judge.

In the instant case the notice of appeal was filed on May 12, 1969, over 30 days after the entry on April 9, 1969, of the order overruling the appellant’s motion for new trial. Hence, the appeal was not timely under the provisions of section 5 (a) of the Appellate Practice Act of 1965 as amended (Ga. L. 1965, pp. 18, 21; 1966, pp. 493, 496; 1968, pp. 1072, 1077; Code Ann. § 6-803 (a)). Where the [319]*319notice of appeal is not filed within the time required and the record contains no extension of the time for filing, the appeal is subject to dismissal. Bailey v. State, 224 Ga. 48 (159 SE2d 286); Wilson v. McQueen, 224 Ga. 420 (162 SE2d 313).

Submitted July 7, 1969 Decided September 19, 1969. J. Donald Bennett, for appellant.

Appeal dismissed.

Pannell and Evans, JJ., concur.

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Related

Wilson v. McQueen
162 S.E.2d 313 (Supreme Court of Georgia, 1968)
Bailey v. State
159 S.E.2d 286 (Supreme Court of Georgia, 1968)
Bailey v. State
159 S.E.2d 286 (Supreme Court of Georgia, 1968)

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Bluebook (online)
170 S.E.2d 435, 120 Ga. App. 318, 1969 Ga. App. LEXIS 762, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jenkins-v-state-gactapp-1969.