Pittman v. State

I concur in Divisions 1, 2, and 3, and in the judgment of affirmance. I write separately because, in my opinion, this Court should not consider the untimely enumeration of error which the majority addresses in Division 4. Pittman first raised that enumeration in a motion to supplement his appellate brief filed more than two and one-half months after he filed his original brief and enumeration of errors.

This Court consistently refused to consider untimely enumerations of error under our former Rule 39, which required the enumerations to be filed as a separate part of appellant’s brief within…