MILLS v. STATE

NICHOLS, Chief Justice.

The appellant was indicted, tried and convicted for the offense of armed robbery. Thereafter, a motion for new trial was filed but prior to being ruled upon a notice of appeal was filed. Until such motion for new trial is disposed of the appeal is premature. Accordingly, the appeal must be dismissed. See Minter v. State, 229 Ga. 804 ( 194 S.E.2d 462), and citations.

Appeal dismissed. All the Justices concur.