11 Ga. App. 368 | Ga. Ct. App. | 1912
This case is here on exceptions to the judgment dis* missing the motion for a new trial. The facts are as follows: During the term of the court at which the verdict of guilty was rendered the defendant filed and had approved his motion for a new trial, and during the term an order was passed setting down the hearing of the motion “on the 11th day of May, 1912, in vacation, at Marietta, Georgia;” and it was further ordered that “movant have until the 4th day of May, 1912, to prepare and file in the clerk’s office and present for approval a brief of the evidence in the case, and the presiding judge may enter his approval thereon at any time, either in term or vacation.” On the 4th day of May, 1912, the judge of the superior court passed the following order
Under the above recital of facts there was nothing else that the court could do. It h'as been repeatedly held by the Supreme Court and this court that when, by an order passed in term, a motion for a new trial is set to be heard on a particular day and the same
Counsel for the plaintiff in error requests that we review and reverse the decision in Blount v. State, supra. We can not comply with this request. That decision announces no novel or original proposition of law, but simply follows the repeated rulings of the Supreme Court on the same subject. Under the facts recited in the bill of exceptions as approved by the trial judge, we would personally be glad to give the movant an opportunity to present and have heard his motion for a new trial, but, under the repeated rulings controlling this case, jve are powerless to do so, and, under the conceded facts, the judgment dismissing the motion for a new trial must be Affirmed.