DocketNumber: 48123
Citation Numbers: 198 S.E.2d 876, 129 Ga. App. 86, 1973 Ga. App. LEXIS 888
Judges: Pannell, Eberhardt, Stolz
Filed Date: 5/11/1973
Status: Precedential
Modified Date: 10/19/2024
Court of Appeals of Georgia.
James R. Holcomb, pro se.
Lewis R. Slaton, District Attorney, Carter Goode, Joseph J. Drolet, Morris H. Rosenberg, for appellee.
PANNELL, Judge.
This is a pro se appeal from the order of the superior court denying bail pending appeal to appellant who has appealed to this court from his conviction for robbery by intimidation, in a separate appeal.
In Sellers v. State, 112 Ga. App. 607 (145 SE2d 827) this court said: "Section 7 of the Appellate Practice Act of 1965 (Ga. L. 1965, pp. 18, 22; Code Ann. § 6-1001), provides that after conviction the notice of appeal shall serve as a supersedeas in all cases where death sentence has been imposed or where the defendant is admitted to bail and that ``if the sentence is bailable' the defendant may give bond. The language, ``if the sentence is bailable,' means where it was bailable in the sound discretion of the presiding judge. See: Finley v. Thompson, 100 Ga. App. 508 (112 SE2d 166); Vandeford v. Brand, 126 Ga. 67 (2), 69 (54 S.E. 822, 9 AC 617); Crumley v. Gibbs, 149 Ga. 119 (99 S.E. 297). See also Fountain v. Crum, 148 Ga. 272 (96 S.E. 337); Antonopoulas v. State, 26 Ga. App. 113 (105 S.E. 384). It is only in misdemeanor cases that one convicted is entitled to bail as a matter of law. Code § 27-901. Bennett v. Davis, 100 Ga. App. 432 (111 SE2d 733)."
Judgment affirmed. Eberhardt, P. J., and Stolz, J., concur.