Davis v. State, 74352

Decision Date28 April 1987
Docket NumberNo. 74352,74352
Citation182 Ga.App. 736,356 S.E.2d 762
PartiesDAVIS v. The STATE.
CourtGeorgia Court of Appeals

Billie Davis, pro se.

H. Lamar Cole, Dist. Atty., for appellee.

DEEN, Presiding Judge.

The appellant, Billie Elzie Davis, was convicted of voluntary manslaughter on April 27, 1981. On December 2, 1986, the appellant filed an extraordinary motion for new trial based on newly discovered evidence, which was found to be without merit and dismissed by the trial court on December 4, 1986. The appellant then filed this direct appeal from that order. Appeals from orders denying extraordinary motions for new trial, when separate from an original appeal, are now discretionary appeals. OCGA § 5-6-35(a)(7); Pitts v. State, 254 Ga. 298, 328 S.E.2d 732 (1985). Accordingly, this direct appeal is dismissed.

Appeal dismissed.

BIRDSONG, C.J., and POPE, J., concur.

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9 cases
  • Bohannon v. State
    • United States
    • Georgia Court of Appeals
    • 13 Marzo 1992
    ...v. State, supra. Accordingly, assuming, without deciding, that we have jurisdiction over this direct appeal (but see Davis v. State, 182 Ga.App. 736, 356 S.E.2d 762 (1987)), the judgment must be affirmed. If appellant is to secure a direct review of those issues that could and should have b......
  • Franklyn Gesner Fine Paintings, Inc. v. Ketcham, s. 76132
    • United States
    • Georgia Court of Appeals
    • 4 Abril 1988
    ...not directly appealable but require utilization of the discretionary appeal procedure. OCGA § 5-5-41, 5-6-35(a)(7); Davis v. State, 182 Ga.App. 736, 356 S.E.2d 762 (1987). Likewise, the denial of a motion to set aside judgment must also be appealed through the discretionary procedure. OCGA ......
  • Travelers Indem. Co. of Rhode Island v. Schenden, 74216
    • United States
    • Georgia Court of Appeals
    • 28 Abril 1987
    ... ...         Plaintiff brought suit against defendants in the State Court of Hall County. The complaint was couched in two counts. In Count 1, plaintiff sought ... ...
  • Nichols v. State
    • United States
    • Georgia Court of Appeals
    • 21 Febrero 2023
    ... ... new trial must be made by filing an application for ... discretionary appeal. OCGA § 5-6-35 (a) (7), (b); ... Davis v. State, 182 Ga.App. 736, 736-737 (356 S.E.2d ... 762) (1987). "Compliance with the discretionary appeals ... procedure is ... ...
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