§ 5-5-46. Operation of Rule Nisi as Supersedeas in Criminal Cases; Superseding of Sentence

1. 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.
2. 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.

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).