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Supreme Court of Georgia, 1902

Gardner v. State

Gardner v. State
Supreme Court of Georgia · Decided November 12, 1902 · Candler, Lumpkin, Simmons
116 Ga. 537; 42 S.E. 758; 1902 Ga. LEXIS 168

Gardner v. State

Opinion of the Court

Simmons, C. J.

A motion for new trial made and filed in vacation is in law a mere nullity. Such a motion should therefore be dismissed, and it is error to entertain it and undertake to decide it upon its merits. Collier v. State, 115 Ga. 17; Johnson v. State, ante.

Judgment reversed, with direction.

All the Justices concurring, except Lumpkin, P. J., absent, and Candler, J., not presiding.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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