Reed v. State

Court of Appeals of Georgia

Reed v. State

182 S.E. 204, 52 Ga. App. 76, 1935 Ga. App. LEXIS 43

CourtCourt of Appeals of Georgia

DecidedNovember 2, 1935

Docket25220

StatusPublished

This text of 182 S.E. 204 (Reed 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

Reed v. State, 182 S.E. 204, 52 Ga. App. 76, 1935 Ga. App. LEXIS 43 (Ga. Ct. App. 1935).

Pincite

Opinion

Guerry, J.

On November 27, 1934, at the November term of Toombs superior court, the defendant was tried and convicted of assault with intent to murder. He filed a motion for new trial, and on July 22, 1935, it was heard and overruled. The bill of exceptions recites: “And now within the time provided by law and within SO days of the entry of the judgment overruling said motion for new trial comes the defendant and tenders this his bill of exceptions,” etc. The certificate to the bill of exceptions is dated August 17, 1935. It not affirmatively appearing from the bill of exceptions that it was tendered for certification within 20 days from the date of the order overruling the motion for new trial, as provided in the Code of 1933, § 6-903, it becomes mandatory that this court dismiss the writ of error for lack of jurisdiction. See Jones v. State, 146 Ga. 8 (90 S. E. 280), and cit.

Writ of error dismissed..

Broyles, G. J., and MacIntyre, J., concur.

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

Guerry, J.

On November 27, 1934, at the November term of Toombs superior court, the defendant was tried and convicted of assault with intent to murder. He filed a motion for new trial, and on July 22, 1935, it was heard and overruled. The bill of exceptions recites: “And now within the time provided by law and within SO days of the entry of the judgment overruling said motion for new trial comes the defendant and tenders this his bill of exceptions,” etc. The certificate to the bill of exceptions is dated August 17, 1935. It not affirmatively appearing from the bill of exceptions that it was tendered for certification within 20 days from the date of the order overruling the motion for new trial, as provided in the Code of 1933, § 6-903, it becomes mandatory that this court dismiss the writ of error for lack of jurisdiction. See Jones v. State, 146 Ga. 8 (90 S. E. 280), and cit.

Writ of error dismissed..

Broyles, G. J., and MacIntyre, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

182 S.E. 204, 52 Ga. App. 76, 1935 Ga. App. LEXIS 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reed-v-state-gactapp-1935.

Opinion

Related

Cite This Page — Counsel Stack