State v. Thompson

Court of Appeals of Georgia

State v. Thompson

262 S.E.2d 214, 152 Ga. App. 5, 1979 Ga. App. LEXIS 2792

CourtCourt of Appeals of Georgia

DecidedOctober 23, 1979

Docket58472

StatusPublished

Cited by2 cases

This text of 262 S.E.2d 214 (State v. Thompson) 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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State v. Thompson, 262 S.E.2d 214, 152 Ga. App. 5, 1979 Ga. App. LEXIS 2792 (Ga. Ct. App. 1979).

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Opinion

Birdsong, Judge.

The appellee Tommy Thompson was indicted in December, 1977, on three counts of forgery. Thompson filed a motion for speedy trial during the November term of 1978. Because the motion was filed more than two terms after the indictment, Thompson obtained special permission for the filing of the motion. By its order of May 10, 1979, the trial court, referring to the motion of Thompson in the November term of 1978, acquitted Thompson of all the charges in the indictment. The state filed its notice of appeal to the acquittal on June 12,1979. Because of an intervening weekend, the final day to file a valid appeal fell upon Monday, June 11, 1979..

The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon the appellate court. Jordan v. Caldwell, 229 Ga. 343 (191 SE2d 530); Patterson v. Professional Resources, 140 Ga. App. 315, 316 (2) (231 SE2d 88). The state’s notice of appeal was not filed within thirty days of the entry of acquittal. This court is without jurisdiction to review the judgment entered below because of appellant’s failure to perfect its appeal pursuant to the Appellate Practice Act. Smith v. State, 140 Ga. App. 492 (231 SE2d 493).

Appeal dismissed.

Quillian, P. J., and Smith, J., concur. Argued September 11,1979 — Decided October 23, 1979. Robert E. Keller, District Attorney, James W. Bradley, Assistant District Attorney, for appellant. J. Dunham McAllister, for appellee.

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Birdsong, Judge.

The appellee Tommy Thompson was indicted in December, 1977, on three counts of forgery. Thompson filed a motion for speedy trial during the November term of 1978. Because the motion was filed more than two terms after the indictment, Thompson obtained special permission for the filing of the motion. By its order of May 10, 1979, the trial court, referring to the motion of Thompson in the November term of 1978, acquitted Thompson of all the charges in the indictment. The state filed its notice of appeal to the acquittal on June 12,1979. Because of an intervening weekend, the final day to file a valid appeal fell upon Monday, June 11, 1979..

The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon the appellate court. Jordan v. Caldwell, 229 Ga. 343 (191 SE2d 530); Patterson v. Professional Resources, 140 Ga. App. 315, 316 (2) (231 SE2d 88). The state’s notice of appeal was not filed within thirty days of the entry of acquittal. This court is without jurisdiction to review the judgment entered below because of appellant’s failure to perfect its appeal pursuant to the Appellate Practice Act. Smith v. State, 140 Ga. App. 492 (231 SE2d 493).

Appeal dismissed.

Quillian, P. J., and Smith, J., concur. Argued September 11,1979 — Decided October 23, 1979. Robert E. Keller, District Attorney, James W. Bradley, Assistant District Attorney, for appellant. J. Dunham McAllister, for appellee.

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262 S.E.2d 214, 152 Ga. App. 5, 1979 Ga. App. LEXIS 2792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-thompson-gactapp-1979.

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