Gardner v. State

Supreme Court of Georgia

Decided November 12, 1902

Supreme Court of Georgia · decided 1902-11-12

<p>Motion for new trial. Before Judge Lewis. City court of Mount Vernon. August 8, 1902.</p>

Relies on Collier v. State

Decided 1902-11-12

Simmons, C. J.

¶1A motion for new trial made and filed in vacation is in law a mere nullity. Such a motion should therefore be dismissed, and it is error to entertain it and undertake to decide it upon its merits. Collier v. State, 115 Ga. 17; Johnson v. State, ante.

¶2 Judgment reversed, with direction.

All the Justices concurring, except Lumpkin, P. J., absent, and Candler, J., not presiding.