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Whitus v. State

Court of Appeals of Georgia
Feb 16, 1968
160 S.E.2d 839 (Ga. Ct. App. 1968)

Opinion

43050, 43056.

ARGUED SEPTEMBER 7, 1967.

DECIDED FEBRUARY 16, 1968. REHEARING DENIED MARCH 4, 1968.

Appellate procedure. Mitchell Superior Court. Before Judge Lilly from Southern Circuit.

P. Walter Jones, Morris Brown, McLaughlin M. McDonald, B. Clarence Mayfield, for appellants.

Fred B. Hand, Jr., Solicitor General, for appellee.


In each of these cases the appellant appeals "from the adverse ruling of the judge to his motion for challenge to array of grand jurors" prior to indictment. The judgment appealed from is not a final judgment within Section 1 (a) 1 of the Appellate Practice Act of 1965 (Ga. L. 1965, p. 18), nor is it among those judgments specially made appealable by Paragraph 3, nor is it a decision or judgment which, if it had been rendered as claimed by the appellant, would have been a final disposition of the cause under Paragraph 2. See in this connection Carswell v. State, 28 Ga. App. 624 ( 112 S.E. 652). The appeals, therefore, must be dismissed.

Appeals dismissed. Bell, P. J., and Whitman, J., concur.

ARGUED SEPTEMBER 7, 1967 — DECIDED FEBRUARY 16, 1968 — REHEARING DENIED MARCH 4, 1968 — CERT. APPLIED FOR.


Summaries of

Whitus v. State

Court of Appeals of Georgia
Feb 16, 1968
160 S.E.2d 839 (Ga. Ct. App. 1968)
Case details for

Whitus v. State

Case Details

Full title:WHITUS v. THE STATE. DAVIS v. THE STATE

Court:Court of Appeals of Georgia

Date published: Feb 16, 1968

Citations

160 S.E.2d 839 (Ga. Ct. App. 1968)
117 Ga. App. 359