Opinion
32279.
SUBMITTED MAY 6, 1977.
DECIDED MAY 13, 1977.
Armed robbery. Fulton Superior Court. Before Judge Shaw.
Virgil McGhee, Jr., pro se. Lewis R. Slaton, District Attorney, Joseph J. Drolet, Assistant District Attorney, Arthur K. Bolton, Attorney General, John W. Dunsmore, Jr., Assistant Attorney General, for appellee.
The appellant was tried and convicted for the offense of armed robbery. A motion for a new trial was filed, but prior to being ruled upon, appellant filed a notice of appeal.
The motion for new trial must be ruled upon before this appeal may be heard. The appeal is dismissed without prejudice. See Mills v. State, 233 Ga. 494 ( 212 S.E.2d 336) (1975).
Appeal dismissed. All the Justices concur.