Hicks v. State

Court of Appeals of Georgia

Decided January 27, 1970

Court of Appeals of Georgia · decided 1970-01-27

Key passage — most relied on by later courts

“a concise statement of the judgment, ruling or order entitling the appellant to take an appeal,”

quoted by 1 later decision, including 135 Ga. App. 926 - Johnson v. Daniel

Relies on Ballew v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1970-01-27

How this case has been cited

Cited by 3 later decisions — most recently May 1994

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Pannell, Judge.

¶1The defendant was found guilty of the possession of burglary tools and was sentenced to a term of three years. His notice of appeal states the case and, in essential part, is as follows: “The defendant herein now gives this his notice of appeal, said appeal to be filed with the Court of Appeals of Georgia.” “Nowhere does the notice set forth ‘a concise statement of the judgment, ruling or order entitling the appellant to take an appeal.’ Nor does it contain ‘a brief statement of the offense and the punishment prescribed,’ as required in criminal cases. Hence, the notice of appeal does not satisfy the requirements of the Appellate Practice Act (Ga. L. 1965, pp. 18, 20; Ga. L. 1966, pp. 493, 495; 'Code Ann. § 6-802), and therefore must be dismissed. Ballew v. State, 225 Ga. 547 (170 SE2d 242).

¶2Appeal dismissed.

Eberhardt, J., concurs. Jordan, P. J., concurs specially.