Opinion
56147.
SUBMITTED JUNE 28, 1978.
DECIDED JULY 13, 1978. REHEARING DENIED JULY 25, 1978.
Vacating judgment of not guilty. Fulton State Court. Before Judge Lambros.
Thompson, Stovall, Stokes Thompson, C. Lawrence Thompson, Fletcher Thompson, for appellant.
Hinson McAuliffe, Solicitor, Charles Hadaway, Assistant Solicitor, for appellee.
During the February, 1978, term of the State Court of Fulton County, a judgment of not guilty was entered on an accusation against Shuman; during the April, 1978, term, an order was entered stating that the earlier judgment was "vacated and set aside." There is no showing that any motion for the latter order was entered during the February term. Our decision need go no further than to point out that the trial court was without authority to enter this latter order; on this principle the cases are legion. E.g., Chatham v. DeKalb county, 115 Ga. App. 739 ( 155 S.E.2d 629) (1967); Union Circulation Co. v. Trust Co. Bank, 143 Ga. App. 715 ( 240 S.E.2d 100) (1977); Palmer v. State, 144 Ga. App. 480 ( 241 S.E.2d 597) (1978). The order appealed from is vacated with direction that the original judgment be reinstated.
Judgment vacated with direction. Deen, P. J., Smith and Banke, JJ., concur.