State of Georgia v. Moore

Full title: STATE OF GEORGIA et al. v. MOORE

Court: Court of Appeals of Georgia

Date published: Feb 5, 1973

128 Ga. App. 68 (Ga. Ct. App. 1973)

195 S.E.2d 752

Opinion

47697.

ARGUED JANUARY 4, 1973.

DECIDED FEBRUARY 5, 1973.

Appellate procedure. Fulton Superior Court. Before Judge Etheridge.

Lewis R. Slaton, District Attorney, Joel M. Feldman, Morris H. Rosenberg, for appellant.

B. L. Spruell, for appellee.

HALL, Presiding Judge.

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. Evans and Clark, JJ., concur.

HALL, Presiding Judge.

ARGUED JANUARY 4, 1973 — DECIDED FEBRUARY 5, 1973.