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JENKINS v. STATE

44611.

120 Ga. App. 318 (1969)

170 S.E.2d 435

JENKINS v. THE STATE.

Court of Appeals of Georgia.

Decided September 19, 1969.

Attorney(s) appearing for the Case

J. Donald Bennett, for appellant.

QUILLIAN, Judge.

In the instant case the notice of appeal was filed on May 12, 1969, over 30 days after the entry on April 9, 1969, of the order overruling the appellant's motion for new trial. Hence, the appeal was not timely under the provisions of section 5 (a) of the Appellate Practice Act of 1965 as amended (Ga. L. 1965, pp. 18, 21; 1966, pp. 493, 496; 1968, pp. 1072, 1077; Code Ann. § 6-803 (a)). Where the

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