Crowley v. State

Georgia Court of Appeals
Crowley v. State, 162 S.E.2d 299 (1968)
118 Ga. App. 7; 1968 Ga. App. LEXIS 1288
Eberhardt, Felton, Whitman

Crowley v. State

070rehearing

On Motion for Rehearing.

While the grounds of this motion would appear to be meritorious when measured by the language of the statute (Code Ann. § 6-702), yet we are bound by the judgment and decision of the Supreme Court in Hill v. Willis, 224 Ga. 263, 268 (4), supra, in which there was, as here, a judgment overruling an amended motion for new trial unappealed from, and on the basis of which the motion for rehearing must be

Denied.

Opinion of the Court

Eberhardt, Judge.

1. This is an appeal from the judgment on the verdict, though there was a motion for new trial which was overruled and from that ruling there is no appeal. In overruling the motion the trial court adjudged that the general grounds as well as the special grounds were not meritorious.

Since there is no appeal from that ruling it is now the law of the case. Hill v. Willis, 224 Ga. 263, 268 (4) (161 SE2d 281). As we read the Hill case this is the only result possible, for in effect, the appeal from the judgment on the verdict, both as to general and special grounds, is but an appeal from something which appellant has allowed to become the law of the case in failing to appeal from the overruling of the motion for new trial.

Judgment affirmed.

Felton, C. J., and Whitman, J., concur. *8James I. Parker, for appellant. Wayne W. Gammon, Solicitor, for appellee.

Reference

Full Case Name
Crowley v. the State
Cited By
14 cases
Status
Published