Merrill v. State

Court of Appeals of Georgia

Merrill v. State

196 S.E.2d 876, 128 Ga. App. 403, 1973 Ga. App. LEXIS 1494

CourtCourt of Appeals of Georgia

DecidedMarch 5, 1973

Docket47925

StatusPublished

Cited by4 cases

This text of 196 S.E.2d 876 (Merrill 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.

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Merrill v. State, 196 S.E.2d 876, 128 Ga. App. 403, 1973 Ga. App. LEXIS 1494 (Ga. Ct. App. 1973).

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Opinion

Evans, Judge.

The defendant was indicted for the illegal possession of drugs (two counts). A motion to suppress certain evidence was filed, heard and denied. The appeal is from that judgment, but no certificate for immediate review was filed in said case. Held:

1. In order to review this "order,” which is not final, under Code Ann. § 6-701 (a 2) (Ga. L. 1965, p. 18; 1968, pp. 1072, 1073), the trial judge must certify within 10 days of entry thereof that such order is of such importance to the trial that immediate review should be had. Alexander v. State, 122 Ga. App. 331 (176 SE2d 633). Here, the court, in a colloquy with counsel for the defendant and the reporter, as to whether or not the transcript could be prepared in 10 days, stated: "... if you want to take it up, you may.” This does not comply *404 with the law as to certificates of review. Further, before an appeal may be made, the judgment appealed from must be in writing, and not verbal. See Freeman v. Brown, 115 Ga. 23, 27 (41 SE 385); Williams v. City of LaGrange, 213 Ga. 241 (1) (98 SE2d 617).

Argued February 8, 1973 Decided March 5, 1973. Smith & Portman, Alex L. Zipperer, W. Lance Smith, for appellant. John W. Underwood, District Attorney, Billy N. Jones, for appellee.

In addition, the clerk’s supplemental certificate shows that there was no order signed denying the motion to suppress the evidence.

For all of the foregoing reasons, this appeal must be dismissed.

Appeal dismissed.

Hall, P. J., and Clark, J., concur.

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Evans, Judge.

The defendant was indicted for the illegal possession of drugs (two counts). A motion to suppress certain evidence was filed, heard and denied. The appeal is from that judgment, but no certificate for immediate review was filed in said case. Held:

1. In order to review this "order,” which is not final, under Code Ann. § 6-701 (a 2) (Ga. L. 1965, p. 18; 1968, pp. 1072, 1073), the trial judge must certify within 10 days of entry thereof that such order is of such importance to the trial that immediate review should be had. Alexander v. State, 122 Ga. App. 331 (176 SE2d 633). Here, the court, in a colloquy with counsel for the defendant and the reporter, as to whether or not the transcript could be prepared in 10 days, stated: "... if you want to take it up, you may.” This does not comply *404 with the law as to certificates of review. Further, before an appeal may be made, the judgment appealed from must be in writing, and not verbal. See Freeman v. Brown, 115 Ga. 23, 27 (41 SE 385); Williams v. City of LaGrange, 213 Ga. 241 (1) (98 SE2d 617).

Argued February 8, 1973 Decided March 5, 1973. Smith & Portman, Alex L. Zipperer, W. Lance Smith, for appellant. John W. Underwood, District Attorney, Billy N. Jones, for appellee.

In addition, the clerk’s supplemental certificate shows that there was no order signed denying the motion to suppress the evidence.

For all of the foregoing reasons, this appeal must be dismissed.

Appeal dismissed.

Hall, P. J., and Clark, J., concur.

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196 S.E.2d 876, 128 Ga. App. 403, 1973 Ga. App. LEXIS 1494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merrill-v-state-gactapp-1973.

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