Antonopoulas v. Black

1. Where one convicted of a capital felony has filed a certified bill of exceptions to the judgment overruling his motion for a now trial, the granting of a supersedeas is a matter of course, and can be enforced by mandamus. Spann v. Clark, 47 Ga. 369; Malone v. Hopkins, 49 Ga. 221. Where, however, there is a conviction of a lesser offense, the filing of such a bill of exceptions does not operate as a supersedeas and the judge is not required to order a supersedeas until the defendant has given bond in a sum fixed by the judge or has filed an affidavit in forma pauperis. Penal Code (1910), §…