Opinion
47453.
ARGUED SEPTEMBER 6, 1972.
DECIDED SEPTEMBER 28, 1972. REHEARING DENIED OCTOBER 13, 1972.
Appellate procedure. Chatham Superior Court. Before Judge Harrison.
Joseph B. Bergen, for appellant.
Andrew J. Ryan, Jr., District Attorney, Howard A. McGlasson, Jr., for appellee.
Absent a certificate for immediate review, the denial of defendant's plea of autrefois acquit is not a final judgment. Bruce v. State, 122 Ga. App. 159 ( 176 S.E.2d 515). As the case is pending below, the appeal is premature and the State's motion to dismiss the appeal is granted.
Appeal dismissed. Evans and Stolz, JJ., concur.