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Lawskills.com Georgia Caselaw
HUGHES v. THE STATE.
25958.
NICHOLS, Justice.
Appellate procedure. Cobb Superior Court. Before Judge Hames.
On March 5, 1970, a motion to dismiss an indictment charging the defendant with the offense of commercial gambling was overruled. Certification for immediate review of this case was later signed by the trial judge. The notice of appeal was not filed until April 10, 1970. Held:
The notice of appeal not having been filed until more than 30 days after the judgment appealed from, the appeal must be dismissed as not having been timely filed. See Code Ann. 6-803; Wilson v. McQueen, 224 Ga. 420 (162 SE2d 313); Bailey v. State, 224 Ga. 48 (159 SE2d 286).
Ben F. Smith, District Attorney, for appellee.
McDonald, Dupree & Channell, Duard R. McDonald, for appellant.
SUBMITTED SEPTEMBER 14, 1970 -- DECIDED SEPTEMBER 24, 1970.
Friday May 22 16:50 EDT


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