Sellers v. State of Georgia

Court of Appeals of Georgia

Sellers v. State of Georgia

145 S.E.2d 827, 112 Ga. App. 607, 1965 Ga. App. LEXIS 786

CourtCourt of Appeals of Georgia

DecidedOctober 28, 1965

Docket41678

StatusPublished

Cited by6 cases

This text of 145 S.E.2d 827 (Sellers v. State of Georgia) 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

Sellers v. State of Georgia, 145 S.E.2d 827, 112 Ga. App. 607, 1965 Ga. App. LEXIS 786 (Ga. Ct. App. 1965).

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Opinion

Pannbll, Judge.

Section 7 of the Appellate Practice Act of 1965 (Ga. L. 1965, pp. 18, 22; Code Ann. § 6-1001), provides that after conviction the notice of appeal shall serve as a supersedeas in all cases where death sentence has been imposed or where the defendant is admitted to bail and that “if the sentence is bailable” the defendant may give bond. The language, “if the sentence is bailable,” means where it was bailable in the sound discretion of the presiding judge. See Finley v. Thompson, 100 Ga. App. 508 (112 SE2d 166); Vandeford v. Brand, 126 Ga. 67 (2), 69 (54 SE 822, 9 AC 617); Crumley v. Gibbs, 149 Ga. 119 (99 SE 297). See also Fountain v. Crum, 148 Ga. 272 (96 SE 337); Antonopoulas v. State, 26 Ga. App. 113 (105 SE 384). It is only in misde.meanor cases that one convicted is entitled to bail as-a matter of law. Code § 27-901. Bennett v. Davis, 100 Ga. App. 432 (111 SE2d 733). There having been a conviction of a felony in the present case, and there being no allegation that the trial judge abused his discretion in refusing bail to the defendant, the petition for mandamus nisi is

Denied.

Nichols, P. J., and Eberhardt, J., concur.

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Pannbll, Judge.

Section 7 of the Appellate Practice Act of 1965 (Ga. L. 1965, pp. 18, 22; Code Ann. § 6-1001), provides that after conviction the notice of appeal shall serve as a supersedeas in all cases where death sentence has been imposed or where the defendant is admitted to bail and that “if the sentence is bailable” the defendant may give bond. The language, “if the sentence is bailable,” means where it was bailable in the sound discretion of the presiding judge. See Finley v. Thompson, 100 Ga. App. 508 (112 SE2d 166); Vandeford v. Brand, 126 Ga. 67 (2), 69 (54 SE 822, 9 AC 617); Crumley v. Gibbs, 149 Ga. 119 (99 SE 297). See also Fountain v. Crum, 148 Ga. 272 (96 SE 337); Antonopoulas v. State, 26 Ga. App. 113 (105 SE 384). It is only in misde.meanor cases that one convicted is entitled to bail as-a matter of law. Code § 27-901. Bennett v. Davis, 100 Ga. App. 432 (111 SE2d 733). There having been a conviction of a felony in the present case, and there being no allegation that the trial judge abused his discretion in refusing bail to the defendant, the petition for mandamus nisi is

Denied.

Nichols, P. J., and Eberhardt, J., concur.

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Bluebook (online)

145 S.E.2d 827, 112 Ga. App. 607, 1965 Ga. App. LEXIS 786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sellers-v-state-of-georgia-gactapp-1965.

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