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LEE v. STATE

52231.

139 Ga. App. 65 (1976)

227 S.E.2d 878

LEE v. THE STATE.

Court of Appeals of Georgia.

Decided June 15, 1976.

Attorney(s) appearing for the Case

Pittman, Kinney, Kemp, Pickell & Avrett, Charles A. Pannell, Jr., McCamy, Minor, Phillips & Tuggle, Lee Daniel, for appellant.

Samuel L. Brantley, District Attorney, for appellee.

DEEN, Presiding Judge.

1. While several older cases support the proposition that a "motion for new trial" cannot be made by one who has pled guilty in a criminal case, recognizing that substance and not mere nomenclature controls, we consider the motion as one to withdraw the pleas of guilty. Galbreath v. State, 130 Ga.App. 179 (202 S.E.2d 562). While at any time before sentence is passed...

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