Boyd v. State

Court of Appeals of Georgia

Boyd v. State

383 S.E.2d 906, 191 Ga. App. 435, 1989 Ga. App. LEXIS 660

CourtCourt of Appeals of Georgia

DecidedApril 10, 1989

DocketA89A0677

StatusPublished

Cited by208 cases

This text of 383 S.E.2d 906 (Boyd 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

Boyd v. State, 383 S.E.2d 906, 191 Ga. App. 435, 1989 Ga. App. LEXIS 660 (Ga. Ct. App. 1989).

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Opinion

McMurray, Presiding Judge.

Defendant was charged, via accusation, with abandoning his two minor children, OCGA § 19-10-1. Defendant filed a motion to dismiss the accusation, asserting the general grounds. The trial court denied the motion to dismiss and this direct appeal followed. Held:

The overruling of defendant’s motion to dismiss the accusation, which leaves the case pending for trial, is not a final judgment from which appeal can be taken, absent a certificate of immediate review. OCGA § 5-6-34; Partain v. State, 138 Ga. App. 171, 172 (225 SE2d 736). Consequently, since defendant has not complied with the interlocutory appeal procedure prescribed by OCGA § 5-6-34 (b), this appeal must be dismissed.

Appeal dismissed.

Carley, C. J., and Beasley, J., concur. [436]*436Decided April 10, 1989 Rehearing denied May 4, 1989 Jimmy A. Boyd, pro se. Gerald N. Blaney, Jr., Solicitor, for appellee.

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