1. Where a defendant who has been convicted of a misdemeanor makes an extraordinary motion for new trial, which motion is heard by the trial judge and denied, but the judge signs and certifies a bill of exceptions to this court in which error is assigned on the judgment of the trial court denying the extraordinary motion for a new trial, such defendant is entitled, as a matter of right, to be admitted to bail pending his appeal, and it is the duty of the trial judge to assess the amount thereof, and allow such defendant to execute a supersedeas bail bond pending the disposition of such bill of exceptions.

2. The trial judge, in his discretion, may refuse to entertain an extraordinary motion for a new trial. If he entertains it and denies it, he may in his discretion refuse to sign and certify a bill of exceptions assigning error on this judgment. If, however, in his discretion he entertains the motion, denies it, and signs and certifies a bill of exceptions to this court, the defendant is entitled to execute a supersedeas bail bond as a matter of right in which the trial court has no discretion. Code 27-901; Allen v. Pratt, 87 Ga. App. 704 (75 S. E. 2d 329).

The petitioner filed in this court an application to mandamus the Judge of the City Court of Athens to execute a supersedeas bond.