Peach v. State

McMurray, Presiding Judge.

Defendant and another were convicted of the offense of burglary. This defendant was sentenced to serve a term of two years. After his motion for new trial was filed, heard and denied he appeals. Held:

1. The state has made a suggestion of mootness in that the defendant has served the two-year term prior to his appeal, citing Roberts v. State, 137 Ga. App. 801 (225 SE2d 90), and other cases holding that this court does not decide moot questions. We note, however, in Chaplin v. State, 141 Ga. App. 788 (234 SE2d 330), this court overruled Edwards v. City of Albany, 136…