Tillman v. State

Court of Appeals of Georgia

Tillman v. State

66 S.E. 278, 7 Ga. App. 87, 1909 Ga. App. LEXIS 546

CourtCourt of Appeals of Georgia

DecidedDecember 4, 1909

Docket2210

StatusPublished

Cited by1 cases

This text of 66 S.E. 278 (Tillman 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

Tillman v. State, 66 S.E. 278, 7 Ga. App. 87, 1909 Ga. App. LEXIS 546 (Ga. Ct. App. 1909).

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Opinion

Powell, J.

The exception is to the overruling of a motion for a new trial. The order overruling the motion was passed on June 7, during the term of the court at which the defendant was tried. On July 10, while the term was still in session, the bill of exceptions was tendered and signed. If this had been a civil case, the tendering of the bill of exceptions would have been in time. Civil Code, §5539. Since it is a criminal case, it is governed by the provisions of section 5540 of the Civil Code, which prescribes that the bill of exceptions shall be tendered "within twenty days, from the rendi[88]*88tion of the decision;” and the fact that the term had not expired when the bill of exceptions was tendered makes no difference. See Thompson v. McGhee, 93 Ga. 254 (19 S. E. 32).

Writ of error dismissed.

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Powell, J.

The exception is to the overruling of a motion for a new trial. The order overruling the motion was passed on June 7, during the term of the court at which the defendant was tried. On July 10, while the term was still in session, the bill of exceptions was tendered and signed. If this had been a civil case, the tendering of the bill of exceptions would have been in time. Civil Code, §5539. Since it is a criminal case, it is governed by the provisions of section 5540 of the Civil Code, which prescribes that the bill of exceptions shall be tendered "within twenty days, from the rendi[88]*88tion of the decision;” and the fact that the term had not expired when the bill of exceptions was tendered makes no difference. See Thompson v. McGhee, 93 Ga. 254 (19 S. E. 32).

Writ of error dismissed.

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Bluebook (online)

66 S.E. 278, 7 Ga. App. 87, 1909 Ga. App. LEXIS 546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tillman-v-state-gactapp-1909.

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