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BROOKS v. THE STATE. McCLAIN

UNDERCOFLER, Justice.

The Court of Appeals has certified the following question for decision: "In the absence of a certificate for immediate review, is the denial of a motion for change of venue under Code § 27-1201 standing alone an appealable judgment under the Appellate Practice Act?" Held:

Section 1 of the Georgia Laws of 1972, p. 536, repealed the "Change of Venue" Chapter 27-12 of the Code of 1933 and provided: "Section 27-1202. Appeals from the denial of a change of venue shall be governed by the provisions of the Appellate Practice Act." Therefore the decision of Arkwright v. State, 226 Ga. 192 (3b) ( 173 S.E.2d 179) is no longer applicable. The denial of a motion for change of venue is not a final judgment and there is no provision in the Appellate Practice Act for an appeal therefrom without a certificate of immediate review. Ga. L. 1968, p. 1072 ( Code Ann. § 6-701).

Certified question answered in the negative. All the Justices concur.

UNDERCOFLER, Justice.

ARGUED SEPTEMBER 12, 1972 — DECIDED OCTOBER 5, 1972.
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BROOKS v. STATE
(Oct 5, 1972)