White v. State

Full title: WHITE v. THE STATE

Court: Court of Appeals of Georgia

Date published: Jan 30, 1968

160 S.E.2d 227 (Ga. Ct. App. 1968)

160 S.E.2d 227

Opinion

43251.

SUBMITTED JANUARY 4, 1968.

DECIDED JANUARY 30, 1968. REHEARING DENIED FEBRUARY 21, 1968.

Appellate procedure. Muscogee Superior Court. Before Judge Land.

Dan Copland, for appellant.

W. B. Skipworth, Jr., Solicitor General, Frank K. Martin, for appellee.

QUILLIAN, Judge.

The appellee filed a motion to dismiss the appeal in the case sub judice because the appellant failed to file an enumeration of errors in this court within the time required by Rules 13 and 15 of the Court of Appeals. The appellant contends that his brief filed in this court included an enumeration of errors. Held:

In Windsor v. Southeastern Adjusters, Inc., 221 Ga. 329 ( 144 S.E.2d 739), the Supreme Court held that questions allegedly presented for review in the appellant's brief could not be considered as tantamount to enumerations of error since the brief is not a part of the record. See Rawls Bros. Co. v. Paul, 115 Ga. App. 731, 735 (4) ( 155 S.E.2d 819); Cross v. Miller, 221 Ga. 579, 582 (2) ( 146 S.E.2d 279). Thus, since any error not enumerated shall be disregarded, the appeal is incomplete and must, under the above authorities, be

Dismissed. Bell, P. J., and Hall, J., concur.

SUBMITTED JANUARY 4, 1968 — DECIDED JANUARY 30, 1968 — REHEARING DENIED FEBRUARY 21, 1968 — CERT. APPLIED FOR.