Devore v. State

Deen, Judge,

concurring specially. 1. The defendant was convicted of burglary. A motion for new trial was made, one of the grounds being that the trial court had erroneously instructed the jury as to applicable punishments, and a new trial was granted on this issue only. Such a proceeding is permissible. Simmons v. State, 226 Ga. 110 (12) (172 SE2d 680). The case was still pending within the meaning of Code Ann. § 6-701 (a1) and the defendant had 30 days from the final judgment in which to appeal, and could properly enumerate as error rulings in the course of the main trial, whether or not…