Tiller v. State

I dissent from that portion of the majority opinion which holds that an appellant may file a notice of appeal from an appealable judgment other than the overruling of his motion for a new trial and enumerate as error the ruling on the motion for a new trial occurring subsequent to the entry of the judgment appealed from. This ruling seems to be directly in conflict with the full bench decision of this court in the case of Graham v. Haley, 224 Ga. 498, 500 (4) (162 SE2d 346), which was decided by this court only at the last term. Under the Appellate Practice Act, where an appeal is taken from…