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Goldstein v. State

93 S.E.2d 415, 94 Ga. App. 53, 1956 Ga. App. LEXIS 463
CourtCourt of Appeals of Georgia
DecidedJune 12, 1956
Docket36230
StatusPublished

This text of 93 S.E.2d 415 (Goldstein 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
Goldstein v. State, 93 S.E.2d 415, 94 Ga. App. 53, 1956 Ga. App. LEXIS 463 (Ga. Ct. App. 1956).

Opinion

Townsend, J.

“Until there has been a judgment finally disposing of the case in the trial court, the Supreme Court has no jurisdiction to pass upon an assignment of error complaining of the striking of a plea of former jeopardy, filed by the accused.” McElroy v. State, 123 Ga. 546 (51 S. E. 596). See also Vaughn v. State, 38 Ga. App. 438 (144 S. E. 223); Moyers v. State, 59 Ga. App. 875 (2 S. E. 2d 517); Thurmond v. State, 59 Ga. App. 333 (200 S. E. 807). Accordingly, the motion to dismiss the bill of exceptions on the ground that the only assignment of error, the sustaining of a general demurrer to a plea of autrefois convict, is not a final judgment, must be granted and the case

Dismissed.

Gardner, P. J., and Carlisle, J., concur.

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Related

McElroy v. State
51 S.E. 596 (Supreme Court of Georgia, 1905)
Vaughn v. State
144 S.E. 223 (Court of Appeals of Georgia, 1928)
Thurmond v. State
200 S.E. 807 (Court of Appeals of Georgia, 1939)
Moyers v. State
2 S.E.2d 517 (Court of Appeals of Georgia, 1939)

Cite This Page — Counsel Stack

Bluebook (online)
93 S.E.2d 415, 94 Ga. App. 53, 1956 Ga. App. LEXIS 463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goldstein-v-state-gactapp-1956.