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PASS v. STATE

36643.

95 Ga. App. 510 (1957)

98 S.E.2d 135

PASS v. THE STATE.

Court of Appeals of Georgia.

Decided April 11, 1957.

Attorney(s) appearing for the Case

Grady C. Pittard, Jr., for plaintiff in error.

Preston M. Almand, Solicitor, Chappelle Matthews, contra.

TOWNSEND, J.

1. The illegality or irregularity of a sentence is not a proper ground of a motion for a new trial, but should be directly assigned as error. Daniel v. State, 6 Ga.App. 164 (64 S. E. 574); Montgomery v. State, 40 Ga.App. 507 (150 S. E. 451). Accordingly, those grounds of the motion for new trial dealing with the form and substance of the sentence are not here considered.

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