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State v. Benton

267 S.E.2d 775, 154 Ga. App. 141, 1980 Ga. App. LEXIS 2073
CourtCourt of Appeals of Georgia
DecidedMarch 11, 1980
Docket58846
StatusPublished

This text of 267 S.E.2d 775 (State v. Benton) 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
State v. Benton, 267 S.E.2d 775, 154 Ga. App. 141, 1980 Ga. App. LEXIS 2073 (Ga. Ct. App. 1980).

Opinion

Sognier, Judge.

The state appeals from orders granting Benton’s motion for discharge and acquittal pursuant to Code Ann. § 27-1901 and his motion to dismiss based upon the alleged unconstitutionality of Code Arm. § 74-9902, which he was accused of violating. "Inasmuch as the trial judge entered a judgment of acquittal which the state had no right to appeal (Code Ann. § 6-1001a), the appeal in this case brought by the state must be dismissed. [Cit.]” State v. White, 145 Ga. App. 730 (244 SE2d 579) (1978).

Appeal dismissed.

McMurray, P. J., and Banke, J., concur.

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Related

State v. White
244 S.E.2d 579 (Court of Appeals of Georgia, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
267 S.E.2d 775, 154 Ga. App. 141, 1980 Ga. App. LEXIS 2073, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-benton-gactapp-1980.