Mitchell v. State
Mitchell v. State
Opinion of the Court
The motion for new trial in the present case was overruled on October 21, 1964. The bill of exceptions, assigning error on said order, was tendered to the trial judge on Monday, November 23rd, apparently upon the belief that the last day for tendering the bill of exceptions fell on November 21, which was a Saturday, and that the plaintiff in error therefore had until the following Monday in which to tender the bill of exceptions to the trial judge under the ruling in Crosby v. State, 100 Ga. App. 49 (110 SE2d 94). This decision applied to bills of exceptions, the Act of 1958 (Ga. L. 1958, p. 388; Code Ann. § 102-102), amending paragraph 8 of Code § 102-102, which, as amended, provides that, “When a number of days is prescribed for the exercise of any privilege, or the discharge of any duty, only the first or last day shall be counted; and if the last day shall fall on Saturday or Sunday, the party having such privilege or duty shall have through the following Monday to exercise such privilege or to discharge such duty.” Irrespective of whether the case of Crosby v. State was correctly decided, the last day for ten
Writ of error dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.