Aikens v. State

Supreme Court of Georgia

Aikens v. State

172 S.E.2d 430, 226 Ga. 34, 1970 Ga. LEXIS 419

CourtSupreme Court of Georgia

DecidedJanuary 8, 1970

Docket25559

StatusPublished

Cited by1 cases

This text of 172 S.E.2d 430 (Aikens v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aikens v. State, 172 S.E.2d 430, 226 Ga. 34, 1970 Ga. LEXIS 419 (Ga. 1970).

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Opinion

Undbrcofler, Justice.

The judgment appealed from is one overruling the defendant’s motion to quash the indictment against her which raised constitutional questions. The trial court did not certify that such order was of “such importance to the case that immediate review should be had.” Therefore, the appeal is premature and must be dismissed. Code Ann. § 6-701 (2) (Ga. L. 1965, p. 18; 1968, pp. 1072, 1073). Goldberg v. Monroe, 224 Ga. 693 (164 SE2d 123); Zeesman v. Cordele Credit Jewelry Co., 224 Ga. 732 (164 SE2d 729).

Appeal dismissed.

All the Justices concur. B. Hugh Ansley, for appellant. Lewis B. Slaton, District Attorney, Robert L. Ridley, Tony H. Hight, Carter Goode, for appellee.

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Undbrcofler, Justice.

The judgment appealed from is one overruling the defendant’s motion to quash the indictment against her which raised constitutional questions. The trial court did not certify that such order was of “such importance to the case that immediate review should be had.” Therefore, the appeal is premature and must be dismissed. Code Ann. § 6-701 (2) (Ga. L. 1965, p. 18; 1968, pp. 1072, 1073). Goldberg v. Monroe, 224 Ga. 693 (164 SE2d 123); Zeesman v. Cordele Credit Jewelry Co., 224 Ga. 732 (164 SE2d 729).

Appeal dismissed.

All the Justices concur. B. Hugh Ansley, for appellant. Lewis B. Slaton, District Attorney, Robert L. Ridley, Tony H. Hight, Carter Goode, for appellee.

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Bluebook (online)

172 S.E.2d 430, 226 Ga. 34, 1970 Ga. LEXIS 419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aikens-v-state-ga-1970.

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