Johnson v. State, 180 S.E.2d 94 (Ga. 1971). · Go Syfert
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Johnson v. State, 180 S.E.2d 94 (Ga. 1971). Cases Citing This Book View Copy Cite
17 citation events (3 in the last 25 years) across 2 distinct courts.
Strongest positive: Pounds v. State, 846 S.E.2d 48 (Ga. 2020)
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227 Ga. at 219 Ghice, Justice. This appeal is from a judgment of conviction and sentence for child molestation, in which constitutional questions are sought to be raised. The…1 citing caseopening of page *219 (no citing court says what it cites this page for)
  • Pounds v. State, 846 S.E.2d 48 (Ga. 2020).published
    Notably, however, several of our previous decisions characterized this type of late-filed motion for new trial not as untimely, but as “void.”3 See Sanders v. State, 289 Ga. 655, 659 ( 715 SE2d 124 ) (2011); Clemons v. State, 288 Ga. 445,…
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Johnson
v.
the State
26251.
Supreme Court of Georgia.
Jan 21, 1971.
Published opinion
180 S.E.2d 94
1971 Ga. LEXIS 643
Elliot Holden, for appellant., Joe M. Ray, District Attorney, for appellee., 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.
Grice.
Cited by 8 opinions  |  Published
Ghice, Justice.

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.

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.