Continuation of bond until appeal is finally decided.

- It would be unrealistic to limit bond to single, specified date and not to require that bond be continued in effect until appeal is finally decided. State v. Slaughter, 246 Ga. 174, 269 S.E.2d 446 (1980).

Criminal bonds construed with reasonable strictness.

- Criminal bond should be construed with reasonable strictness and surety should not be required to fulfill any conditions the surety did not covenant to perform, but intention as expressed by parties should be enforced. Coweta Bonding Co. v. Carter, 230 Ga. 585, 198 S.E.2d 281 (1973).

Defendant has no right to suspend order revoking probationary sentence by giving of bond, since final judgment of conviction terminates any right to supersedeas. Morrison v. State, 126 Ga. App. 565, 191 S.E.2d 449 (1972).

Power to grant nolle prosequi.

- In enacting O.C.G.A. § 5-6-45, the legislature did not intend to deprive the trial court of the court's power to grant a nolle prosequi of a subsequent indictment after the filing of a notice of appeal from an order denying a plea of former jeopardy. Waters v. State, 174 Ga. App. 438, 330 S.E.2d 177 (1985).

Power of supersedeas.

- Notice of appeal did not serve as a supersedeas and generally divested the trial court of jurisdiction to alter or execute a judgment of conviction since the defendant had not been found guilty of theft by receiving, and thus there was no judgment of conviction to appeal. Reedman v. State, 265 Ga. App. 162, 593 S.E.2d 46 (2003).

Considerations for bond.

- Release on bond should not be granted unless the court finds that there is no substantial risk the defendant will not appear to answer the judgment following conclusion of the appellate proceedings and that the defendant is not likely to commit a serious crime, intimidate witnesses or otherwise interfere with the administration of justice, and that the appeal is not frivolous or taken for delay. Johnson v. State, 176 Ga. App. 620, 337 S.E.2d 42 (1985).

Jurisdiction to reconsider order to return property.

- Trial court's jurisdiction to reconsider the court's order to return property, which was removed when the state filed the state's notice of appeal, is not retroactively supplied by the fact that the appeal was later dismissed by order of the supreme court for lack of a right of appeal in the state. King v. State, 208 Ga. App. 623, 432 S.E.2d 109 (1993), aff'd, 264 Ga. 282, 443 S.E.2d 844 (1994).

Jurisdiction of trial court.

- Pendency of an appeal in the Supreme Court of Georgia did not deprive the trial court of jurisdiction to issue an order granting the defendant an out-of-time appeal. Porter v. State, 308 Ga. App. 121, 706 S.E.2d 620 (2011).

In a criminal case, the trial court maintains jurisdiction over the injunctive relief granted to the state in cases ordering involuntary medication of a defendant, including any modification or stay of that relief. Either the government or the defendant may move to revise the court's sell order if circumstances change during a defendant's treatment. Johnson v. State, 341 Ga. App. 384, 801 S.E.2d 82 (2017).

Appellate court lacked jurisdiction over bail conditions.

- Appellate court was without jurisdiction to consider the defendant's arguments regarding bail conditions because under O.C.G.A. § 5-6-45(c), such conditions were reviewable by the trial court. Barnett v. State, 275 Ga. App. 464, 620 S.E.2d 663 (2005).

Cited in State v. Gilmer, 154 Ga. App. 673, 270 S.E.2d 25 (1980); Cowan v. State, 156 Ga. App. 650, 275 S.E.2d 665 (1980); Sharp v. State, 183 Ga. App. 641, 360 S.E.2d 50 (1987); Serpentfoot v. State, 241 Ga. App. 35, 524 S.E.2d 516 (1999); Brown v. State, 322 Ga. App. 446, 745 S.E.2d 699 (2013); Graham v. State, 331 Ga. App. 36, 769 S.E.2d 753 (2015), cert. denied, 2015 Ga. LEXIS 428 (Ga. 2015).

Power of trial judge to revoke bail bond pending appeal.

- Intent of legislature in passing section was not that supersedeas deprive trial judge of power to revoke bail bond pending appeal. It merely deprived the judge of the judge's power to execute sentence. Riggins v. State, 134 Ga. App. 941, 216 S.E.2d 723 (1975).

While trial judge may not execute sentence under supersedeas, the judge may nevertheless revoke bail bond to make the defendant amenable to execution when and if that time should come. Riggins v. State, 134 Ga. App. 941, 216 S.E.2d 723 (1975).

Notice and hearing required upon decision to revoke appeal bail bond.

- Due process requirements of Fifth and Fourteenth Amendments mandate notice and an evidentiary hearing upon trial court's decision to revoke appeal bail bond. Riggins v. State, 134 Ga. App. 941, 216 S.E.2d 723 (1975).

Forfeiture.

- Forfeiture of appeal or supersedeas bond granted under former Code 1933, § 6-1005 (see O.C.G.A. § 5-6-45) was is accomplished pursuant to former Code 1933, § 27-906 (see O.C.G.A. § 17-6-7) by issuing rule nisi and writ of scire facias. State v. Slaughter, 246 Ga. 174, 269 S.E.2d 446 (1980).

Whether the defendant was admitted to bail under former Code 1933, § 70-308 (see O.C.G.A. § 5-5-46), pending decision on the defendant's motion for new trial, or under former Code 1933, § 6-1005 (see O.C.G.A. § 5-6-45), pending decision on his appeal, forfeiture procedures of former Code 1933, § 27-906 (see O.C.G.A. § 17-6-71) applied to bond. Under either section, the trial judge would exercise the judge's discretion in permitting release on bail. State v. Slaughter, 246 Ga. 174, 269 S.E.2d 446 (1980).

Suspension of execution of sentences in criminal cases.

- Execution of sentence imposed in criminal case is suspended when notice of appeal is filed. 1975 Op. Att'y Gen. No. 75-30.

Execution of probated sentence involving payment of fines and restitution is suspended pending appeal. 1975 Op. Att'y Gen. No. 75-30.

Am. Jur. 2d.

- 5 Am. Jur. 2d, Appellate Review, § 201 et seq.

2 Am. Jur. Pleading and Practice Forms, Appeal and Error, § 702.

C.J.S.

- 4 C.J.S., Appeal and Error, § 477 et seq., 531 et seq.

ALR.

- Bail pending appeal from conviction, 45 A.L.R. 458.

Constitutional right to bail pending appeal from conviction, 77 A.L.R. 1235.

When appeal is or is not deemed to have been prosecuted "with effect" or "to effect" within condition of supersedeas bond, 163 A.L.R. 410.

Review for excessiveness of sentence in narcotics case, 55 A.L.R.3d 812.