Easterling v. State
Court of Appeals of Georgia
Indictment tor misdemeanor; from Tattnall superior court— Judge Sheppard. October 19, 1911. At the October term, 1910, of Tattnall superior court Easterling was convicted of a violation of the prohibition law, and he made a motion for a new trial, which was heard by the presiding judge, and at the conclusion of the hearing the judge announced orally that he would overrule the motion.
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Indictment tor misdemeanor; from Tattnall superior court— Judge Sheppard. October 19, 1911. At the October term, 1910, of Tattnall superior court Easterling was convicted of a violation of the prohibition law, and he made a motion for a new trial, which was heard by the presiding judge, and at the conclusion of the hearing the judge announced orally that he would overrule the motion. A written order overruling the motion was prepared, to be signed by the judge, but, through some inadvertence, was never signed, and no such j’udgment was signed or entered. The movant’s attorney prepared a bill…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
The question is whether the oral announcement of the trial judge, on the hearing of the motion for a new trial, amounted to a judgment from which an appeal could be entered. A judgment is the decision or sentence of the law, pronounced by the court and entered upon its docket, minutes, or record. A judgment of a court of record can only be shown by its records. Where there is no record, there is no judgment. Plant v. Gunn, 17 Fed. Cas. 800; Tidd’s Practice, 930. Another definition is, that a judgment is that final determination from which an appeal may be…
2Cases cited7 opinions
- Freeman v. BrownSupreme Court of Georgia · 1902
- Rice v. CareySupreme Court of Georgia · 1848
- Russell v. Mohr-Weil Lumber Co.Supreme Court of Georgia · 1902
- Merritt v. StateSupreme Court of Georgia · 1905
- Tyler v. StateSupreme Court of Georgia · 1906
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3Cited by13 opinions
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- Tanner v. WilsonSupreme Court of Georgia · 1937
- Clark v. StateCourt of Appeals of Georgia · 1945
- Sherman v. StateCourt of Appeals of Georgia · 1977
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