Johnson v. State

Georgia Court of Appeals
Johnson v. State, 5 Ga. App. 490 (1909)
63 S.E. 533; 1909 Ga. App. LEXIS 34
Powell

Johnson v. State

Opinion of the Court

Powell, J.

This court has no jurisdiction of a bill of exceptions which has not been presented and filed in accordance with the statute; and hence it becomes its duty to dismiss a writ of error, even in the absence of a formal motion to dismiss, when the-statutory prerequisites have not been complied with. After the court had agreed upon a judgment on the merits in the present case (an affirmance, by the way; so that the plaintiff in error is-not hurt very much after all), we discovered that the clerk’s entry of filing on the bill of exceptions was dated more than fifteen days-after the day on which the judge signed the certificate to the bilL of exceptions; and under Cook v. State, 120 Ga. 137 (47 S. E. 562), this is fatal to jurisdiction in this court.

Writ of error dismissed.

Reference

Full Case Name
JOHNSON v. State
Cited By
4 cases
Status
Published