Pickens v. State

Full title: PICKENS v. THE STATE

Court: Court of Appeals of Georgia

Date published: May 6, 1964

109 Ga. App. 747 (Ga. Ct. App. 1964)

137 S.E.2d 404

Opinion

40697.

DECIDED MAY 6, 1964. REHEARING DENIED MAY 21, 1964.

Appellate procedure. Wilkinson Superior Court. Before Judge Carpenter.

Johnson Johnson, Jean E. Johnson, Sr., for plaintiff in error.

George D. Lawrence, Solicitor General, contra.

NICHOLS, Presiding Judge.

The defendant was indicted under three separate indictments for burglary. The cases were tried together and separate verdicts of guilty were rendered. Thereafter, in a single motion for new trial, the defendant sought a new trial on each indictment, and he now seeks in a single bill of exceptions to have such convictions set aside. Held:

Under the decisions of this court in Roberts v. State, 103 Ga. App. 355 ( 120 S.E.2d 164); Dempsey v. State, 103 Ga. App. 354 ( 119 S.E.2d 298), and Fair v. State, 109 Ga. App. ante, this court is without jurisdiction to entertain the writ of error.

Writ of error dismissed. Russell, J., concurs. Hall, J., concurs specially.

DECIDED MAY 6, 1964 — REHEARING DENIED MAY 21, 1964.

HALL, Judge, concurring specially.

I concur specially for the reasons stated in Fair v. State, ante.