- 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.
- 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.
- 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.
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).