Montgomery v. State

Court of Appeals of Georgia

Montgomery v. State

98 S.E.2d 57, 95 Ga. App. 461, 1957 Ga. App. LEXIS 828

CourtCourt of Appeals of Georgia

DecidedApril 2, 1957

Docket36619

StatusPublished

Cited by1 cases

This text of 98 S.E.2d 57 (Montgomery 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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Montgomery v. State, 98 S.E.2d 57, 95 Ga. App. 461, 1957 Ga. App. LEXIS 828 (Ga. Ct. App. 1957).

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Opinion

Gardner, P. J.

The Supreme Court has repeatedly held that where there is no bona fide effort to brief the evidence by eliminating extraneous material in compliance with Code § 70-305 (as amended by Ga. L. 1953, Nov.-Dec. Sess., pp. 440, 446) the court will not pass upon assignments of error in the determination of which reference must be made to the brief of evidence. See Brown v. Clarke, 211 Ga. 61 (84 S. E. 2d 14), McDonald v. Fletcher, 211 Ga. 405 (86 S. E. 2d 215), Myhand v. Harris, 211 Ga. 567 (87 S. E. 2d 376), Anderson v. State, 211 Ga. 768 (88 S. E. 2d 149), and Childers v. Goble, 211 Ga. 860 (89 S. E. 2d 499). There are many other authorities from the Supreme Court and the Court of Appeals to the [462]*462same effect. The cases cited are controlling in the instant case.

Decided April 2, 1957. Bob Humphreys, for plaintiff in error.

Judgment affirmed.

Townsend and Carlisle, JJ., concur.

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Gardner, P. J.

The Supreme Court has repeatedly held that where there is no bona fide effort to brief the evidence by eliminating extraneous material in compliance with Code § 70-305 (as amended by Ga. L. 1953, Nov.-Dec. Sess., pp. 440, 446) the court will not pass upon assignments of error in the determination of which reference must be made to the brief of evidence. See Brown v. Clarke, 211 Ga. 61 (84 S. E. 2d 14), McDonald v. Fletcher, 211 Ga. 405 (86 S. E. 2d 215), Myhand v. Harris, 211 Ga. 567 (87 S. E. 2d 376), Anderson v. State, 211 Ga. 768 (88 S. E. 2d 149), and Childers v. Goble, 211 Ga. 860 (89 S. E. 2d 499). There are many other authorities from the Supreme Court and the Court of Appeals to the [462]*462same effect. The cases cited are controlling in the instant case.

Decided April 2, 1957. Bob Humphreys, for plaintiff in error.

Judgment affirmed.

Townsend and Carlisle, JJ., concur.

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98 S.E.2d 57, 95 Ga. App. 461, 1957 Ga. App. LEXIS 828, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montgomery-v-state-gactapp-1957.

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