Smith v. State

Court of Appeals of Georgia

Smith v. State

80 S.E.2d 70, 89 Ga. App. 546, 1954 Ga. App. LEXIS 507

CourtCourt of Appeals of Georgia

DecidedJanuary 20, 1954

Docket34978

StatusPublished

This text of 80 S.E.2d 70 (Smith 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

Smith v. State, 80 S.E.2d 70, 89 Ga. App. 546, 1954 Ga. App. LEXIS 507 (Ga. Ct. App. 1954).

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Opinion

Carlisle, J.

Where, on the date set for the hearing on a motion for new trial in a criminal case, the solicitor makes a motion that the motion for new trial be dismissed on the grounds that he has not been served with the rule nisi contained therein, and has not waived or acknowledged service of the same, and such service, waiver, or acknowledgment does not appear in the record, and the allegations of the solicitor’s motion to dismiss are not disputed by counsel for the defendant, the trial court did not err in dismissing the motion for new trial. Smedley v. Williams, 112 Ga. 114 (37 S. E. 111); McMullen v. Citizens Bank, 123 Ga. 400 (51 S. E. 342); Tyler v. Arnett, 13 Ga. App. 595 (79 S. E. 482).

Judgment affirmed.

Gardner, P. J., and Townsend, J., concur.

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Carlisle, J.

Where, on the date set for the hearing on a motion for new trial in a criminal case, the solicitor makes a motion that the motion for new trial be dismissed on the grounds that he has not been served with the rule nisi contained therein, and has not waived or acknowledged service of the same, and such service, waiver, or acknowledgment does not appear in the record, and the allegations of the solicitor’s motion to dismiss are not disputed by counsel for the defendant, the trial court did not err in dismissing the motion for new trial. Smedley v. Williams, 112 Ga. 114 (37 S. E. 111); McMullen v. Citizens Bank, 123 Ga. 400 (51 S. E. 342); Tyler v. Arnett, 13 Ga. App. 595 (79 S. E. 482).

Judgment affirmed.

Gardner, P. J., and Townsend, J., concur.

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Bluebook (online)

80 S.E.2d 70, 89 Ga. App. 546, 1954 Ga. App. LEXIS 507, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-state-gactapp-1954.

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