Kurtz v. State

Pannell, Judge.

1. The notice of appeal in case No. 42626 was filed on the same day a motion for new trial was filed by appellant, December 8, 1966. An appeal from the judgment on the verdict brought while the case is pending on motion for new trial is premature and should be dismissed. See State Bank of Leesburg v. Hatcher, 106 Ga. App. 735 (128 SE2d 339). And such appeal is not brought to maturity or perfected by the subsequent overruling of the motion for new trial. However, if we should assume that the appeal was filed before the motion for new trial and assume further that this would not…