5-5-47. Right to give supersedeas bond for bailable offense upon filing of new trial motion; assessment and approval of bond.

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

(a)
It shall be the right of any person convicted of a crime which is bailable under the law, and in which case a motion for a new trial has been filed as provided by law, to give a supersedeas bond immediately upon the filing of the motion for new trial without having to wait for the filing of a notice of appeal.#
(b)
The judge of the court having jurisdiction of the case, immediately upon the approval and filing of a motion for new trial therein, shall assess the amount of the bond, which shall be approved in the manner provided by law.#
(c)
The provisions of Code Section 5-6-45, relating to supersedeas and supersedeas bonds when a notice of appeal is filed, shall apply equally to cases when a motion for a new trial is filed.#

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

Ga. L. 1916, p. 157, §§ 1, 2; Code 1933, §§ 6-1006, 6-1007; Ga. L. 1984, p. 415, § 1.

Cross references

Termination of appeal bonds in criminal cases, § 17-6-1.

Law reviews

For comment on Ingram v. Grimes, 213 Ga. 652, 100 S.E.2d 914 (1957), holding that the granting of bail after conviction rests on the discretion of the trial court even when a motion for new trial is pending, see 21 Ga. B.J. 235 (1958).

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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 454; merge action: carried; file SHA-256 290d3a1d6843.

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