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Johnson v. State

180 S.E.2d 94, 227 Ga. 219, 1971 Ga. LEXIS 643
CourtSupreme Court of Georgia
DecidedJanuary 21, 1971
Docket26251
StatusPublished
Cited by8 cases

This text of 180 S.E.2d 94 (Johnson v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. State, 180 S.E.2d 94, 227 Ga. 219, 1971 Ga. LEXIS 643 (Ga. 1971).

Opinion

Ghice, Justice.

This appeal is from a judgment of conviction and sentence for child molestation, in which constitutional questions are sought to be raised. The notice of appeal was filed 61 days after the entry of such judgment. The purported motion for new trial was not filed within 30 days as required by the Appellate Practice Act (Ga. L. 1965, pp. 18, 30; Code Ann. § 70-301), was thus void and of no effect, and therefore did not toll the time for filing the notice of appeal under the Appellate Practice Act (Ga. L. 1965, pp. 18, 21; Code Ann. § 6-803). Therefore, the motion to dismiss must be granted.

Appeal dismissed.

All the Justices concur. *220 Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Marion O. Gordon, William R. Childers, Jr., Assistant Attorneys General, amicus curiae.

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Bluebook (online)
180 S.E.2d 94, 227 Ga. 219, 1971 Ga. LEXIS 643, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-state-ga-1971.