Service on state not required before term of court expired.

- Trial court erred in dismissing the defendant's motion to withdraw a guilty plea, which was filed by letter before the term of court expired but not served on the state, because the state had reasonable notice of the motion to withdraw 18 days before it was first set for a hearing, and over two years before the hearing was eventually held. The court looked to O.C.G.A. § 17-9-60 for guidance as to whether the state was required to be served with the motion prior to the expiration of the term of court, and concluded that it was not. McKiernan v. State, 286 Ga. 756, 692 S.E.2d 340 (2010).

Cited in Berkeley v. State, 74 Ga. App. 711, 41 S.E.2d 265 (1947); Bowen v. State, 144 Ga. App. 329, 241 S.E.2d 431 (1977); Hill v. State, 183 Ga. App. 654, 360 S.E.2d 4 (1987).

ALR.

- Meritorious defense as condition of injunction against or direct attack upon judgment for want of jurisdiction, 118 A.L.R. 1498.

Power of lower court to set aside, on ground of fraud, judgment entered pursuant to mandate of, or affirmed by, reviewing court, 146 A.L.R. 1230.

Power of court to vacate or modify its judgment or order after expiration of prescribed period upon application made within that period, 168 A.L.R. 204.