Eller v. State

Benham, Judge.

Appellant was convicted of voluntary manslaughter and appeals from the denial of his amended motion for new trial. Although appellant’s notice of appeal was filed one day before the judgment denying his motion was entered, we will review the case on its merits rather than dismiss it for lack of jurisdiction in accordance with Gillen v. Bostick, 234 Ga. 308 (1) (215 SE2d 676) (1975). See also Steele v. Cincinnati Ins. Co., 252 Ga. 58 (311 SE2d 470) (1984); LeGallienne v. State, 180 Ga. App. 108 (3) (348 SE2d 471) (1986). In doing so, we must overrule Boothe v. State, 178 Ga. App.…