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STATE v. WILLIAMS

Court of Appeals of Georgia.
Jun 20, 1980
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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. ยง 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 โ€” DECIDED JUNE 20, 1980 โ€” REHEARING DENIED JULY 2, 1980 โ€” CERT. APPLIED FOR.