Opinion
38284.
DECIDED MAY 20, 1960. REHEARING DENIED JUNE 2, 1960.
Appellate procedure. Brantley Superior Court. Before Judge Roddenberry. January 26, 1960.
Albert A. Roberts, for plaintiff in error.
Dewey Hayes, Solicitor-General, contra.
1. The record is silent as to any continuance for the hearing of the motion for a new trial or extending the time in which the brief of the evidence could be filed, and the ruling in Williamson v. State, ante, is controlling on the disposition of the instant case.
2. An approved brief of the evidence is a prerequisite for a motion for a new trial which raises any question as to the evidence. As the record discloses that there was no approved brief of the evidence when the trial judge overruled the motion for a new trial on January 26, 1960, the writ of error must be dismissed. Satterfield v. Fricks, 98 Ga. App. 130 ( 105 S.E.2d 459).
Writ of error dismissed. Gardner, P. J., Townsend and Carlisle, JJ., concur.
DECIDED MAY 20, 1960 — REHEARING DENIED JUNE 2, 1960.
Charles Oliver Williamson was tried and convicted on October 5, 1959, in the Superior Court of Brantley County under an indictment, being No. 1642, for the offense of larceny of a motor vehicle. The defendant filed a motion for a new trial on October 26, 1959. The rule nisi setting the motion for a hearing was as follows: "The within and foregoing motion for a new trial having been read and considered let the same be filed, let the solicitor-general be served and let the solicitor-general show cause before me on the 24th day of Nov., 1959, at the courthouse in Waycross, Georgia, at 10 o'clock why the within and foregoing motion for a new trial should not be granted." The trial court overruled the motion for a new trial on January 26, 1960. The certificate certifying the brief of evidence was signed by the trial judge on February 15, 1960, and filed on February 20, 1960.