Mills v. State

Full title: MILLS v. THE STATE

Court: Supreme Court of Georgia

Date published: Jan 22, 1975

212 S.E.2d 336 (Ga. 1975)

212 S.E.2d 336

Opinion

29571.

SUBMITTED JANUARY 13, 1975.

DECIDED JANUARY 22, 1975.

Armed robbery. Richmond Superior Court. Before Judge Pierce.

Prentiss Ivory Davis, O. L. Collins, for appellant.

Richard E. Allen, District Attorney, Arthur K. Bolton, Attorney General, John B. Ballard, Jr., Assistant Attorney General, for appellee.

NICHOLS, Chief Justice.

The appellant was indicted, tried and convicted for the offense of armed robbery. Thereafter, a motion for new trial was filed but prior to being ruled upon a notice of appeal was filed. Until such motion for new trial is disposed of the appeal is premature. Accordingly, the appeal must be dismissed. See Minter v. State, 229 Ga. 804 ( 194 S.E.2d 462), and citations.

Appeal dismissed. All the Justices concur.

SUBMITTED JANUARY 13, 1975 — DECIDED JANUARY 22, 1975.