QUILLIAN, Presiding Judge.
The state appeals the trial court's dismissal of this case for lack of prosecution after the close of evidence. Held:
The state's right to appeal is controlled by OCGA § 5-7-1 (formerly Code Ann. § 6-1001a), which does not authorize an appeal on the grounds stated.
This statute must be strictly construed against the state in allowing appeals. State v. Clendinin, 136 Ga. App. 303 ( 221 S.E.2d 71).
"The order appealed from . . . is not one of the instances in which the state is granted the right of appeal . . . The General Assembly having placed the specific conditions upon appeals by the state in criminal cases which are contained in § 6-1001a, we will not by judicial construction extend the right of appeal beyond these instances . . ." State v. Hollomon, 132 Ga. App. 304, 305-6 ( 208 S.E.2d 167).
Appeal dismissed. Sognier and Pope, JJ., concur.
DECIDED JANUARY 4, 1984.