Georgia Code
Article 2 - Arrests, Trials, and Appeals
§ 40-13-28. [Effective Until July 1, 2023. See note.] Appeal to Superior Court; Bond

Any defendant convicted under this article shall have the right of appeal to the superior court. The provisions of Code Sections 5-3-29 and 5-3-30 shall not apply to appeals under this Code section. Otherwise, the appeal shall be entered as appeals are entered from the probate court to the superior court, provided that the defendant shall be entitled to bail and shall be released from custody upon giving the bond as is provided for appearances in criminal cases in the courts of this state. Such bond shall have the same conditions as appearance bonds in criminal cases. The appeal to the superior court shall not be a de novo investigation before a jury but shall be on the record of the hearing as certified by the judge of that court who presided at the hearing below.
History. Ga. L. 1937-38, Ex. Sess., p. 558, § 10; Ga. L. 1986, p. 982, § 15.
Delayed effective date.
Code Section 40-13-28 is set out twice in this Code. This version is effective until July 1, 2023. For version effective July 1, 2023, see the following version of this Code section.
Cross references.
Appeals to superior courts generally, T. 5, C. 3.
Editor’s notes.
Ga. L. 1986, p. 982, § 25, not codified by the General Assembly, provided that that Act would apply to all cases filed on or after July 1, 1986.

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