Calloway v. State

Prior to 1968, the Supreme Court of Georgia had construed the provisions of the Appellate Practice Act of 1965 concerning the time for filing the transcript of evidence as mandatory and when not complied with to require dismissal of an appeal. Joiner v. State, 223 Ga. 367, 368 (155 SE2d 8). In order to make the intention of the legislative branch of government clear in this regard, the General Assembly amended the Appellate Practice Act in 1968 to provide that “An appeal shall not be dismissed nor consideration thereof refused because of failure of the court reporter to file the transcript of…