State v. Benton

Full title: THE STATE v. BENTON

Court: Court of Appeals of Georgia

Date published: Mar 11, 1980

154 Ga. App. 141 (Ga. Ct. App. 1980)

267 S.E.2d 775

Opinion

58846.

SUBMITTED OCTOBER 30, 1979.

DECIDED MARCH 11, 1980. REHEARING DENIED MARCH 24, 1980.

Motion to discharge. Fulton State Court. Before Judge Lambros.

Charles Hadaway, George Weaver, Assistant Solicitors, for appellant.

John P. Howell, for appellee.

SOGNIER, Judge.

The state appeals from orders granting Benton's motion for discharge and acquittal pursuant to Code Ann. § 27-1901 and his motion to dismiss based upon the alleged unconstitutionality of Code Ann. § 74-9902, which he was accused of violating. "Inasmuch as the trial judge entered a judgment of acquittal which the state had no right to appeal (Code Ann. § 6-1001a), the appeal in this case brought by the state must be dismissed. [Cit.]" State v. White, 145 Ga. App. 730 ( 244 S.E.2d 579) (1978).

Appeal dismissed. McMurray, P. J., and Banke, J., concur.

SOGNIER, Judge.

SUBMITTED OCTOBER 30, 1979 — DECIDED MARCH 11, 1980 — REHEARING DENIED MARCH 24, 1980 — CERT. APPLIED FOR.