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Montgomery v. State

Court of Appeals of Georgia
Apr 2, 1957
98 S.E.2d 57 (Ga. Ct. App. 1957)

Opinion

36619.

DECIDED APRIL 2, 1957.

Involuntary manslaughter; appellate procedure. Before Judge Lilly. Colquitt Superior Court. January 14, 1957.

Bob Humphreys, for plaintiff in error.


The Supreme Court has repeatedly held that where there is no bona fide effort to brief the evidence by eliminating extraneous material in compliance with Code § 70-305 (as amended by Ga. L. 1953, Nov.-Dec. Sess., pp. 440, 446) the court will not pass upon assignments of error in the determination of which reference must be made to the brief of evidence. See Brown v. Clarke, 211 Ga. 61 ( 84 S.E.2d 14), McDonald v. Fletcher, 211 Ga. 405 ( 86 S.E.2d 215), Myhand v. Harris, 211 Ga. 567 ( 87 S.E.2d 376), Anderson v. State, 211 Ga. 768 ( 88 S.E.2d 149), and Childers v. Goble, 211 Ga. 860 ( 89 S.E.2d 499). There are many other authorities from the Supreme Court and the Court of Appeals to the same effect. The cases cited are controlling in the instant case.

Judgment affirmed. Townsend and Carlisle, JJ., concur.

DECIDED APRIL 2, 1957.


Summaries of

Montgomery v. State

Court of Appeals of Georgia
Apr 2, 1957
98 S.E.2d 57 (Ga. Ct. App. 1957)
Case details for

Montgomery v. State

Case Details

Full title:MONTGOMERY v. THE STATE

Court:Court of Appeals of Georgia

Date published: Apr 2, 1957

Citations

98 S.E.2d 57 (Ga. Ct. App. 1957)
98 S.E.2d 57

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