Johnson v. State

Decided January 21, 1971

Supreme Court of Georgia · decided 1971-01-21

Key passage — most relied on by later courts

“purported motion for new trial was not filed within 30 days as required by the Appellate Practice Act (Ga. L. 1965, pp. 18, 30; Code Ann. § 70-301[, now OCGA § 5-5-40 (a)]), was thus void and of no effect, and therefore did not toll the time for filing the notice of appeal under the Appellate Practice Act (Ga. L. 1965, pp. 18, 21; Code Ann. § 6-803 [, now OCGA § 5-6-38 (a)]).”

quoted by 1 later decision, including 237 Ga. App. 625 - Peters v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1971-01-21

How this case has been cited

Cited by 8 later decisions — most recently July 2020

8 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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Ghice, Justice.

¶1 This appeal is from a judgment of conviction and sentence for child molestation, in which constitutional questions are sought to be raised. The notice of appeal was filed 61 days after the entry of such judgment. The purported motion for new trial was not filed within 30 days as required by the Appellate Practice Act (Ga. L. 1965, pp. 18, 30; Code Ann. § 70-301), was thus void and of no effect, and therefore did not toll the time for filing the notice of appeal under the Appellate Practice Act (Ga. L. 1965, pp. 18, 21; Code Ann. § 6-803). Therefore, the motion to dismiss must be granted.

¶2 Appeal dismissed.

All the Justices concur. *220 Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Marion O. Gordon, William R. Childers, Jr., Assistant Attorneys General, amicus curiae.