From Casetext: Smarter Legal Research

Davis v. State

Court of Appeals of Georgia
Apr 28, 1987
182 Ga. App. 736 (Ga. Ct. App. 1987)

Opinion

74352.

DECIDED APRIL 28, 1987.

Motion for new trial. Brooks Superior Court. Before Judge Horkan.

Billie Davis, pro se. H. Lamar Cole, District Attorney, for appellee.


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.

DECIDED APRIL 28, 1987.


Summaries of

Davis v. State

Court of Appeals of Georgia
Apr 28, 1987
182 Ga. App. 736 (Ga. Ct. App. 1987)
Case details for

Davis v. State

Case Details

Full title:DAVIS v. THE STATE

Court:Court of Appeals of Georgia

Date published: Apr 28, 1987

Citations

182 Ga. App. 736 (Ga. Ct. App. 1987)
356 S.E.2d 762

Citing Cases

Bohannon v. State

Gaddis v. State, 245 Ga. 200 ( 265 S.E.2d 275) (1980); Goodwin v. State, 240 Ga. 605 ( 242 S.E.2d 119)…

Nichols v. State

OCGA § 5-6-35 (a) (7), (b); Davis v. State, 182 Ga.App. 736, 736-737 (356 S.E.2d 762)…