5-5-46. Operation of rule nisi as supersedeas in criminal cases; superseding of sentence.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
The rule nisi on a motion for a new trial in a criminal case shall not operate as a supersedeas unless it is so ordered by the court.#
(b)
When requested to do so by the defendant or his counsel, the judge trying the case shall grant an order superseding the sentence until the motion for a new trial is heard and decided.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, § 3649; Code 1868, § 3674; Code 1873, § 3724; Code 1882, § 3724; Ga. L. 1899, p. 77, § 1; Penal Code 1895, § 1066; Penal Code 1910, § 1093; Code 1933, § 70-308.

Cross references

Stay of proceedings for enforcement of civil judgment, § 9-11-62. Termination of appeal bonds in criminal cases, § 17-6-1.

Law reviews

For article outlining proposed revisions of appellate procedure rules with comments, prior to the adoption of T. 5, C. 6, A. 2, see 19 Ga. B.J. 145 (1956).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t4-6-(v4)-2013-pdf.pdf, Volume V4, 2013 edition, page 453; merge action: carried; file SHA-256 290d3a1d6843.