Strauss v. State

• Court: Georgia Court of Appeals
• Writing for the Court: Lewis R. Slaton, Sol. Gen., J. Walter LeCraw; JOSLIN; BELL, P.J., and PANNELL
• Citation: Strauss v. State, 156 S.E.2d 543, 116 Ga.App. 154 (Ga. App. 1967)
• Decision Date: 23 June 1967
• Docket Number: No. 42808,No. 2,42808,2
• Parties: Robert L. STRAUSS v. The STATE

Page 543

156 S.E.2d 543

116 Ga.App. 154

Robert L. STRAUSS v. The STATE.

No. 42808.

Court of Appeals of Georgia, Division No. 2.

June 23, 1967.

Rehearing Denied July 11, 1967.

Certiorari Denied Sept. 7, 1967.

Walter M. Henritze, Jr., William V. Hall, Sr., Atlanta, Arthur B. Cunningham, Miami, Fla., for appellant.

Lewis R. Slaton, Sol. Gen., J. Walter LeCraw, J. Robert Sparks, Atlanta, for appellee.

Syllabus Opinion by the Court

JOSLIN, Judge.

The notice of appeal in this case was filed in the office of the Clerk of the Superior Court of Fulton County on November 8, 1966. The transcript of the record was not filed in the office of the clerk of the superior court until March 23, 1967. No order extending the time for the filing of the transcript appears of record, nor does it appear that any application for such an order was made before the expiration of 30 days from the date the notice of appeal was filed. Under the applicable provisions of the 1965 Appellate Practice Act and under the rulings of the Supreme Court in Davis v. Davis, 222 Ga. 579, 151 S.E.2d 123, and Joiner v. State, 223 Ga. 367, 155 S.E.2d 8, the appeal in this case must be dismissed.

Dismissed.

BELL, P.J., and PANNELL, J., concur.