Giles v. State

• Decision Date: 16 July 1925
• Docket Number: 16568.
• Citation: 129 S.E. 12,34 Ga.App. 201
• Parties: GILES ET AL. v. STATE.
• Court: Georgia Court of Appeals

129 S.E. 12

34 Ga.App. 201

GILES ET AL. v. STATE.

No. 16568.

Court of Appeals of Georgia, First Division

July 16, 1925

Syllabus by the Court.

It is well settled, by repeated and numerous decisions of the Supreme Court and this court, that the striking of a defendant's plea is not a final judgment in the case, and that a direct bill of exceptions, complaining of such a judgment only, will not lie. The striking of a plea of former jeopardy comes within the above-stated rule.

"Where in a given case it should have been obvious that the writ of error was premature, this court will refuse an application to allow the bill of exceptions to be withdrawn and filed in the court below as exceptions pendente lite." Harvey v. Bowles, 112 Ga. 421, 37 S.E. 364; Burkhalter v. Roach, 145 Ga. 834 (4), 90 S.E. 52; Brannon v. State, 147 Ga. 499 (2), 94 S.E. 759.

Error from Superior Court, Thomas County; J. P. Knight, Judge.

C. L. Giles and others bring error. Writ of error dismissed.

Humphreys & De Loache, and James L. Dowling, all of Moultrie, for plaintiffs in error.

Clifford E. Hay, Sol. Gen., of Thomasville, and Erle B. Askew, of St. Petersburg, Fla., for the State.

BROYLES, C.J.

Writ of error dismissed.

LUKE and BLOODWORTH, JJ., concur.