State v. Williams

Full title: THE STATE v. WILLIAMS et al

Court: Court of Appeals of Georgia

Date published: Jun 20, 1980

155 Ga. App. 144 (Ga. Ct. App. 1980)

270 S.E.2d 281

Opinion

60146.

ARGUED JUNE 4, 1980.

DECIDED JUNE 20, 1980. REHEARING DENIED JULY 2, 1980.

Interference with government. Lowndes Superior Court. Before Judge Elliott.

Arthur K. Bolton, Attorney General, William C. Joy, Assistant Attorney General, Larry H. Evans, for appellant.

J. Converse Bright, Tom W. Thomas, for appellees.

SOGNIER, Judge.

The Attorney General of the State of Georgia brought appeals from directed verdicts of acquittal by the Superior Court of Lowndes County. Appellees filed a motion to dismiss the appeal because directed verdicts of acquittal are not appealable judgments.

The motion for a directed verdict of acquittal was made after the state had presented its evidence and rested its case. This court has held consistently that pursuant to Code Ann. § 6-1001a directed verdicts of acquittal are not appealable judgments. State v. Warren, 133 Ga. App. 793, 796 ( 213 S.E.2d 53) (1975); State v. Sykes, 137 Ga. App. 297 ( 223 S.E.2d 491) (1976); State v. White, 145 Ga. App. 730 ( 244 S.E.2d 579) (1978). Accordingly, the motion to dismiss the appeal must be granted.

Appeal dismissed. Deen, C. J., and Birdsong, J., concur.

ARGUED JUNE 4, 1980 — DECIDED JUNE 20, 1980 — REHEARING DENIED JULY 2, 1980 — CERT. APPLIED FOR.