Blackwell v. State

Court of Appeals of Georgia

Blackwell v. State

169 S.E. 507, 46 Ga. App. 830, 1933 Ga. App. LEXIS 261

CourtCourt of Appeals of Georgia

DecidedMay 12, 1933

Docket23108

StatusPublished

Cited by10 cases

This text of 169 S.E. 507 (Blackwell v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blackwell v. State, 169 S.E. 507, 46 Ga. App. 830, 1933 Ga. App. LEXIS 261 (Ga. Ct. App. 1933).

Pincite

Opinion

MacIntyre, J.

1. This court is without jurisdiction to entertain a bill of exceptions which fails to assign error upon a final judgment. Civil Code (1910), § C138.

2. It is well settled that the striking of a defendant’s plea is not a final judgment, and that a direct bill of exceptions complaining of such a judgment will not lie. The overruling or striking of a plea of autrefois acquit or autrefois convict comes within this rule. Giles v. State, 34 Ga. App. 201 (129 S. E. 12) ; Heard v. State, 45 Ga. App. 375 (164 S. E. 467) ; English v. Rosenkrantz, 150 Ga. 745.

3. While the defendant in error has made no motion to dismiss the bill of exceptions, it is nevertheless the duty of this court to raise the question of its jurisdiction, and, when its lack of jurisdiction appears, to dismiss the bill of exceptions. Milner v. Sunbeam Heating Co., 44 Ga. App. 221 (2) (160 S. E. 822), and cit.

4. Under the foregoing rulings and the facts of the instant case, this court is without jurisdiction to entertain the bill of exceptions, and the writ of error must be and is

Dismissed.

Broyles, O. J., and Guerry, J., concur.

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