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Gardner v. The State

Supreme Court of Georgia1902-11-12
116 Ga. 537

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Simmons, C. J.

A 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. Judgment reversed, with direction.

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