Georgia Code
Article 2 - Appellate Practice
§ 5-6-45. Operation of Notice of Appeal as Supersedeas in Criminal Cases; Bond; Review

History. Laws 1845, Cobb’s 1851 Digest, pp. 449, 453; Code 1863, § 4171; Code 1868, § 4203; Code 1873, § 4263; Code 1882, § 4263; Penal Code 1895, § 1077; Penal Code 1910, § 1104; Code 1933, § 6-1005; Ga. L. 1965, p. 18, § 7; Ga. L. 1984, p. 413, § 1; Ga. L. 1992, p. 6, § 5; Ga. L. 1996, p. 748, § 9.
Cross references.
Termination of appeal bonds in criminal cases, § 17-6-1 .
Review of death sentences by Supreme Court, § 17-10-35 et seq.
Supersedeas, Rules of the Supreme Court of the State of Georgia, Rule 12.
Filing notice of appeal and cross appeal, Rules of the Supreme Court of the State of Georgia, Rule 38.
Supersedeas, Rules of the Court of Appeals of the State of Georgia, Rule 50.
Editor’s notes.
Ga. L. 1996, p. 748, § 27, not codified by the General Assembly, provides: “Notwithstanding any other provision of law, an Act approved February 11, 1854 (Ga. L. 1854, p. 281), which abolished the office of solicitor of the City Court of Savannah, now the State Court of Chatham County, and transferred responsibility for the prosecution of criminal cases in said court to the solicitor general (now the district attorney) for the Eastern Judicial Circuit is confirmed. It shall be the duty of said district attorney to prosecute all criminal actions in said state court until otherwise specifically provided by law.”
Ga. L. 1996, p. 748, § 28, not codified by the General Assembly, provides: “The provisions of this Act shall not affect the powers, duties, or responsibilities of the district attorney as successor to the office of solicitor general under the constitution, statutes, and common law of this state as provided by Code Section 15-18-1.”
Ga. L. 1996, p. 748, § 29, not codified by the General Assembly, provides: “Except as otherwise authorized in this Act, on and after July 1, 1996, any reference in general law or in any local Act to the solicitor of a state court shall mean and shall be deemed to mean the solicitor-general of such state court.”
Ga. L. 1996, p. 748, § 30, not codified by the General Assembly, provides: “(a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 1996.
“(b) The provisions of paragraph (3) of Code Section 15-18-62, relating to the qualifications for the office of solicitor-general of a state court, shall apply to any person elected or appointed to such office after July 1, 1996. Any person holding such office on July 1, 1996, may continue to hold such office for the remainder of the term to which such person was elected or appointed notwithstanding the fact that such person has not been a member of the State Bar of Georgia for three years if such person is otherwise qualified to hold the office of solicitor-general.”
Law reviews.
For article, “The Appellate Procedure Act of 1965,” see 1 Ga. St. B.J. 451 (1965).
For article, “1966 Amendments to the Appellate Procedure Act of 1965,” see 2 Ga. St. B.J. 433 (1966).