Malone v. State

Full title: MALONE v. THE STATE

Court: Court of Appeals of Georgia

Date published: Oct 16, 1978

249 S.E.2d 368 (Ga. Ct. App. 1978)

249 S.E.2d 368

Opinion

56387.

SUBMITTED SEPTEMBER 6, 1978.

DECIDED OCTOBER 16, 1978.

Voluntary manslaughter, etc. Fulton Superior Court. Before Judge McKenzie.

Robert C. Ray, Charles Gary Hodges, for appellant.

Lewis R. Slaton, District Attorney, Joseph J. Drolet, Donald J. Stein, Assistant District Attorneys, for appellee.

QUILLIAN, Presiding Judge.

1. Upon consideration of the defendant's out of time appeal from his conviction for voluntary manslaughter, we find that the evidence was sufficient to sustain the verdict and judgment entered thereon. Hamilton v. State, 114 Ga. App. 50 (3) ( 149 S.E.2d 922); Wood v. State, 146 Ga. App. 141 ( 245 S.E.2d 490).

2. An amendment to the enumerations of error filed after time allowed for such filing will not be considered. Peek v. Southern Guaranty Ins. Co., 142 Ga. App. 671, 676 (7) ( 236 S.E.2d 767) (revd. on other grounds Peek v. Southern Guaranty Ins. Co., 240 Ga. 498 ( 241 S.E.2d 210)).

Judgment affirmed. Webb and McMurray, JJ., concur.

SUBMITTED SEPTEMBER 6, 1978 — DECIDED OCTOBER 16, 1978.