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Allanson v. State

Allanson v. State, 236 S.E.2d 348 (Ga. 1977)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
May 25, 1977
Docket
No. 32222
Judges
Nichols
Citations
236 S.E.2d 348239 Ga. 1541977 Ga. LEXIS 846

Opinion of the Court — Nichols

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Nichols, Chief Justice.

On July 29,1976, appellant filed a pleading which he alleges is "in the nature of a writ of error coram nobis” in the Superior Court of Fulton County seeking a new trial and other appropriate relief on the ground of newly discovered evidence. The trial court considered this motion on October 21, 1976, and denied it by an order signed and filed on October 29,1976. The appellant filed a motion for rehearing on November 24, 1976. The trial court denied this motion the same day. The appellant finally filed his notice of appeal in the trial court on December 22, 1976.

The appeal must be dismissed as the notice of appeal was not filed within the statutory 30-day period following the order of the trial court. A motion for a rehearing of an order denying a motion of the type filed by the appellant in this case is not one of the three motions set out in Code Ann. § 6-803 which automatically toll the 30-day filing period. Accordingly, the appeal must be dismissed as untimely filed.

Appeal dismissed.

All the Justices concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1979: 11982: 119792026peak 1979 · 1

Relies on it most ⓘ

  1. Austin v. Carter285 S.E.2d 542 (Ga. 1982)
  2. Henry v. State252 S.E.2d 179 (Ga. Ct. App. 1979)

Most recent

  1. Austin v. Carter285 S.E.2d 542 (Ga. 1982)
  2. Henry v. State252 S.E.2d 179 (Ga. Ct. App. 1979)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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