Locke v. State

Supreme Court of Georgia

Locke v. State

186 S.E.2d 738, 228 Ga. 545, 1972 Ga. LEXIS 835

CourtSupreme Court of Georgia

DecidedJanuary 6, 1972

Docket26886

StatusPublished

Cited by2 cases

This text of 186 S.E.2d 738 (Locke 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

Locke v. State, 186 S.E.2d 738, 228 Ga. 545, 1972 Ga. LEXIS 835 (Ga. 1972).

Pincite

Opinion

Nichols, Justice.

The defendant was tried and convicted of the offense of rape and sentenced to 8 years imprisonment. Thereafter, a motion for new trial was filed and the appeal states that such motion was overruled on September 2nd, 1971. The notice of appeal was filed on October 1st, 1971. The record does not disclose that any judgment overruling the defendant’s motion for new trial has been entered and the clerk of the superior court has certified that no such order has been filed with his office. Held:

Under decisions exemplified by Boynton v. Reeves, 226 Ga. 202 (173 SE2d 702), there being no final written judgment entered in such case at the time the notice of appeal was filed, this court is without jurisdiction of the appeal and the same must be dismissed.

Appeal dismissed.

All the Justices concur.

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