Jones v. State
Decision Date | 21 April 1971 |
Docket Number | No. 1,No. 46107,46107,1 |
Parties | Johnny C. JONES v. The STATE |
Court | Georgia Court of Appeals |
Howard Moore, Jr., Peter E. Rindskopf, George L. Howell, Atlanta, for appellant.
Jack J. Gautier, Dist. Atty., Fred M. Hasty, Macon, for appellee.
Syllabus Opinion by the Court
After the motion for new trial with the previously filed brief of evidence was overruled, appellant filed his notice of appeal on November 16, 1970. The bill for costs was tendered him on November 27 but not paid until January 21, 1971, and the appeal was then mailed on January 25. The clerk of court certified that Thus, the total elapsed time between the filing of the notice of appeal and the mailing of the record was 70 days, 25 of which were chargeable to the clerk and the additional 45 to the plaintiff's tardiness in paying costs.
Code Ann. § 6-809(b) Ga.L.1968, pp. 1072, 1073 provides that 'the trial court may order the appeal dismissed where there has been an unreasonable delay in the transmission of the record to the appellate court, and it is seen that such delay was inexcusable and was caused by the failure of a party to pay costs in the trial court or file pauper's affidavit.'
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