McIntosh v. State

Court of Appeals of Georgia

McIntosh v. State

36 S.E.2d 205, 73 Ga. App. 268, 1945 Ga. App. LEXIS 439

CourtCourt of Appeals of Georgia

DecidedDecember 5, 1945

Docket30971.

StatusPublished

This text of 36 S.E.2d 205 (McIntosh 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

McIntosh v. State, 36 S.E.2d 205, 73 Ga. App. 268, 1945 Ga. App. LEXIS 439 (Ga. Ct. App. 1945).

Pincite

Opinion

MacIntyre, J.

It appears from the record, and the bill of exceptions that’ the motion for a new trial was overruled on May 16, 1945, and the bill of exceptions recites as follows: “Plaintiff in error comes on this the 16th day of June, 1945, and, within the time prescribed by law, presents to the Honorable Mallory C. Atkinson, judge of said court who presided in said case, this his bill of exceptions.”

This being a criminal case, it must affirmatively appear that the bill of exceptions was presented for certification within 20 days from the date of the overruling of the motion for a new trial. It does not so appear in this case. The bill of exceptions not having been tendered within the time required by law, this court has no jurisdiction of the ease, and the writ of error must be and is dismissed. Blythe v. State, 55 Ga. App. 193 (189 S. E. 687); Terrell v. State, 56 Ga. App. 376 (192 S. E. 642); Hurst v. State, 145 Ga. 164 (88 S. E. 930); Jones v. State, 146 Ga. 8 (3) (90 S. E. 280).

Writ of error dismissed.

Broyles, O. J., and Gardner, J., concur.

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

MacIntyre, J.

It appears from the record, and the bill of exceptions that’ the motion for a new trial was overruled on May 16, 1945, and the bill of exceptions recites as follows: “Plaintiff in error comes on this the 16th day of June, 1945, and, within the time prescribed by law, presents to the Honorable Mallory C. Atkinson, judge of said court who presided in said case, this his bill of exceptions.”

This being a criminal case, it must affirmatively appear that the bill of exceptions was presented for certification within 20 days from the date of the overruling of the motion for a new trial. It does not so appear in this case. The bill of exceptions not having been tendered within the time required by law, this court has no jurisdiction of the ease, and the writ of error must be and is dismissed. Blythe v. State, 55 Ga. App. 193 (189 S. E. 687); Terrell v. State, 56 Ga. App. 376 (192 S. E. 642); Hurst v. State, 145 Ga. 164 (88 S. E. 930); Jones v. State, 146 Ga. 8 (3) (90 S. E. 280).

Writ of error dismissed.

Broyles, O. J., and Gardner, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

36 S.E.2d 205, 73 Ga. App. 268, 1945 Ga. App. LEXIS 439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcintosh-v-state-gactapp-1945.

Opinion

Related

Cite This Page — Counsel Stack