Smith v. State

Full title: SMITH v. THE STATE

Court: Court of Appeals of Georgia

Date published: Jan 14, 1969

119 Ga. App. 93 (Ga. Ct. App. 1969)

166 S.E.2d 394

Opinion

44100.

SUBMITTED JANUARY 6, 1969.

DECIDED JANUARY 14, 1969. REHEARING DENIED JANUARY 24, 1969.

Appellate procedure. Chatham Superior Court. Before Judge Harrison.

Kravitch Hendrix, Aaron Kravitch, for appellant.

Andrew J. Ryan, Jr., Solicitor General, Andrew J. Ryan, III, for appellee.

FELTON, Chief Judge.

The overruling of the motion for a new trial, by being neither specifically appealed from nor enumerated as error, became the law of the case as to the errors therein included, which comprise the enumeration of errors on this appeal from the judgment on the verdict. Tiller v. State, 224 Ga. 645 ( 164 S.E.2d 137), and cit. Accordingly, the judgment on the verdict must be, and is,

Affirmed. Pannell and Quillian, JJ., concur.

SUBMITTED JANUARY 6, 1969 — DECIDED JANUARY 14, 1969 — REHEARING DENIED JANUARY 24, 1969 — CERT. APPLIED FOR.