Georgia Court of Appeals, 1960

Williamson v. State

Williamson v. State
Georgia Court of Appeals · Decided May 20, 1960 · Fbanktjm
101 Ga. App. 746; 115 S.E.2d 239; 1960 Ga. App. LEXIS 998

Williamson v. State

Opinion of the Court

Fbanktjm, Judge.

1. The record, is silent as to any continuance for the hearing of the, motion for a new trial or extending the time in which 'the brief of the evidence could be filed, and the ruling in Williamson v. State, ante, is controlling on the disposition of the instant'case.

2. An approved brief of the evidence is a prerequisite for a motion for a new trial which raises-any question as to the evidence. As the record discloses that there was no approved brief of the evidence when the trial judge overruled the motion for a new trial on January 26, 1960, the writ of error must be dismissed. Satterfield v. Fricks, 98 Ga. App. 130 (105 S. E. 2d 459).

Writ of error dismissed.

Gardner, P. J., Townsend and Car-lisle, JJ., concur.

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