Denson v. State

Evans, Judge.

This court reversed the lower court, and we held that it was improper to dismiss the appeal. The lower court had dismissed the appeal because of "inexcusable delay in transmitting the record to the appellate court.” See Denson v. State, 134 Ga. App. 876, 877 (216 SE2d 606).

In our judgment of reversal we followed two recent decisions by the Supreme Court of Georgia, to wit: McAuliffe v. Rutledge, 231 Ga. 1 (200 SE2d 100); and Cunningham v. State, 232 Ga. 416 (207 SE2d 48). In those two cases the Supreme Court held that the appellate court must in order to avoid denial of due…