Opinion
64836, 64837. 64838.
DECIDED OCTOBER 18, 1982.
Supersedeas bond; armed robbery. Tattnall Superior Court. Before Judge Findley.
Lloyd D. Murray, for appellants (case nos. 64836, 64837).
Jack E. Carney, Jr., for appellant (case no. 64838).
Dupont K. Cheney, District Attorney, Harrison W. Kohler, Assistant District Attorney, for appellee.
These cases are considered together as they all arise from the same state of facts. Smiley, Smart, and Judge were arrested and indicted for the offense of armed robbery. Leaving Judge in the getaway vehicle, Smiley and Smart had entered the bank where Smiley drew a gun on a teller and demanded money. Both men were recognized by two eyewitnesses, escaped during a chase after being recognized by a state trooper but were arrested shortly thereafter and all were found with some of the stolen bills in their possession. Held:
1. Case no. 64836 complains only that the trial court failed to grant Smiley's post-conviction application for bail pending appeal. The trial court should not in a noncapital case grant bail where any of the situations listed in Birge v. State, 238 Ga. 88, 90 ( 230 S.E.2d 895) (1976) appears. The court here found it likely that the defendant would not appear to answer the judgment after the appeal was completed, that there was no merit in the appeal, that the defendant was dangerous, armed, and a multiple offender. For the refusal of post-conviction bail to be reversible it must appear that there was an abuse of discretion. Pressel v. State, 161 Ga. App. 488 ( 287 S.E.2d 780) (1982). We find none.
2. Although appellant Smiley filed a notice of appeal he failed to file an enumeration of errors or brief either within the time required by law, or within the extension of time granted by this court. Code § 6-701. Nor has a subsequent notice by this court instructing the appellant to file within five days been complied with. We have searched the record and satisfied ourselves, in accordance with Bethay v. State, 237 Ga. 625 ( 229 S.E.2d 406) (1976) that no reversible error exists, and we accordingly dismiss this appeal. Byers v. State, 149 Ga. App. 401 ( 254 S.E.2d 515) (1979); Johnson v. State, 157 Ga. App. 211 ( 276 S.E.2d 913) (1981); Talley v. State, 160 Ga. App. 114 ( 289 S.E.2d 321) (1981).
3. In the remaining case, the co-defendant, Smart, has only one enumeration of error, to the effect that the court erred in denying a motion to compel the state to provide this defendant with a polygraph examination. The rule is well settled in this state that polygraph reports may only be admitted in evidence by stipulation between the parties. State v. Chambers, 240 Ga. 76 ( 239 S.E.2d 324) (1977); Jones v. State, 156 Ga. App. 543 (1) ( 275 S.E.2d 119) (1980); Myers v. State, 160 Ga. App. 685 (5) ( 288 S.E.2d 27) (1981); Harper v. State, 249 Ga. 519 ( 292 S.E.2d 389) (1982). Judgment affirmed in case nos. 64836 and 64838. Case no. 64837 dismissed Sognier and Pope, JJ., concur.