Mills v. State

Supreme Court of Georgia

Mills v. State

212 S.E.2d 336, 233 Ga. 494, 1975 Ga. LEXIS 1356

Supreme Court of Georgia·Decided January 22, 1975·No. 29571·Published·Cited by 3 cases

Opinion

Nichols, Chief Justice.

The appellant was indicted, tried and convicted for [495] the offense of armed robbery. Thereafter, a motion for new trial was filed but prior to being ruled upon a notice of appeal was filed. Until such motion for new trial is disposed of the appeal is premature. Accordingly, the appeal must be dismissed. See Minter v. State, 229 Ga. 804 (194 SE2d 462), and citations.

Submitted January 13, 1975 — Decided January 22, 1975. Prentiss Ivory Davis, O. L. Collins, for appellant. Richard E. Allen, District Attorney, Arthur K. Bolton, Attorney General, John B. Ballard, Jr., Assistant Attorney General, for appellee.

Appeal dismissed.

All the Justices concur.

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Nichols, Chief Justice.

The appellant was indicted, tried and convicted for [495] the offense of armed robbery. Thereafter, a motion for new trial was filed but prior to being ruled upon a notice of appeal was filed. Until such motion for new trial is disposed of the appeal is premature. Accordingly, the appeal must be dismissed. See Minter v. State, 229 Ga. 804 (194 SE2d 462), and citations.

Submitted January 13, 1975 — Decided January 22, 1975. Prentiss Ivory Davis, O. L. Collins, for appellant. Richard E. Allen, District Attorney, Arthur K. Bolton, Attorney General, John B. Ballard, Jr., Assistant Attorney General, for appellee.

Appeal dismissed.

All the Justices concur.

Mills v. State, 212 S.E.2d 336, 233 Ga. 494, 1975 Ga. LEXIS 1356 (Ga. 1975).

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Opinion

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