State v. Moore, 47697
| Decision Date | 05 February 1973 |
| Docket Number | No. 47697,No. 2,47697,2 |
| Citation | 128 Ga.App. 68,195 S.E.2d 752 |
| Parties | STATE of Georgia et al. v. Johnny B. MOORE |
| Court | Georgia Court of Appeals |
Lewis R. Slaton, Dist. Atty., Joel M. Feldman, Morris H. Rosenberg, Atlanta, for appellants.
B.L. Spruell, Atlanta, for appellee.
Syllabus Opinion by the Court
The State and the District Attorney of Fulton County filed a notice of appeal from an order of the trial court quashing the indictment of defendant-appellee.
The appeal is dismissed. The State has no right of appeal in a criminal case. State v. Gossett, 214 Ga. 840, 108 S.E.2d 272; State v. Jones, 7 Ga. 422.
The State's contention that the order was actually a writ of prohibition was answered by the Supreme Court when it transferred the case to this court.
Appeal dismissed.
To continue reading
Request your trial
-
Walker v. State
...). Cf. State v. Jones , 7 Ga. 422, 422-423 (1849) (holding that State had no right of appeal in criminal case); State v. Moore , 128 Ga. App. 68, 68, 195 S.E.2d 752 (1973) (same). Soon after, the Court of Appeals had the opportunity to directly address dismissal of criminal cases for want o......
-
Walker v. State
... ... State v. Jones, 7 Ga. 422, 422-423 (1849) (holding ... that State had no right of appeal in criminal case); ... State v. Moore, 128 Ga.App. 68, 68 (195 S.E.2d 752) ... (1973) (same). Soon after, the Court of Appeals had the ... opportunity to directly address ... ...
- Maclafferty v. Department of Public Safety, 47170
-
Zippy Automatic Car Wash of Georgia, Inc. v. Waters
... ... However, the pleadings and testimony state that the plaintiff slipped on a slick substance which she believed was soap or evaporated detergent ... ...