Petty v. State

Court of Appeals of Georgia

Petty v. State

183 S.E.2d 82, 124 Ga. App. 125, 1971 Ga. App. LEXIS 839

CourtCourt of Appeals of Georgia

DecidedJune 23, 1971

Docket46313

StatusPublished

This text of 183 S.E.2d 82 (Petty 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

Petty v. State, 183 S.E.2d 82, 124 Ga. App. 125, 1971 Ga. App. LEXIS 839 (Ga. Ct. App. 1971).

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Opinion

Eberhardt, Judge.

Appellant was indicted on a charge of motor vehicle theft, and the appeal is from "the order of the court overruling the general and special demurrers of defendant on [126]*126March 19, 1971, filed in the office of the clerk March 22, 1971.” Thus, he does not appeal from a final judgment and the order is not appealable absent a certificate from the trial judge in conformity with Ga. L. 1968, p. 1072, amending Code Ann. § 6-701. There is no certificate in the record. Goldberg v. Monroe, 224 Ga. 693 (164 SE2d 123).

Submitted June 4, 1971 Decided June 23, 1971. Johnston & McCarter, Ralph E. Carlisle, for appellant. Lewis R. Slaton, District Attorney, Joel M. Feldman, Creighton W. Sossomon, Charles S. Stewart, for appellee.

Had the appeal been from a judgment of conviction, error could have been enumerated on the overruling of the demurrers and the issue would have been before us without a certificate from the trial judge. But that was not the case here. Hence, the appeal must he

Dismissed.

Hall, P. J., and Whitman, J., concur.

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Eberhardt, Judge.

Appellant was indicted on a charge of motor vehicle theft, and the appeal is from "the order of the court overruling the general and special demurrers of defendant on [126]*126March 19, 1971, filed in the office of the clerk March 22, 1971.” Thus, he does not appeal from a final judgment and the order is not appealable absent a certificate from the trial judge in conformity with Ga. L. 1968, p. 1072, amending Code Ann. § 6-701. There is no certificate in the record. Goldberg v. Monroe, 224 Ga. 693 (164 SE2d 123).

Submitted June 4, 1971 Decided June 23, 1971. Johnston & McCarter, Ralph E. Carlisle, for appellant. Lewis R. Slaton, District Attorney, Joel M. Feldman, Creighton W. Sossomon, Charles S. Stewart, for appellee.

Had the appeal been from a judgment of conviction, error could have been enumerated on the overruling of the demurrers and the issue would have been before us without a certificate from the trial judge. But that was not the case here. Hence, the appeal must he

Dismissed.

Hall, P. J., and Whitman, J., concur.

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183 S.E.2d 82, 124 Ga. App. 125, 1971 Ga. App. LEXIS 839, Counsel Stack Legal Research, https://law.counselstack.com/opinion/petty-v-state-gactapp-1971.

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