State v. Benton
267 S.E.2d 775, 154 Ga. App. 141, 1980 Ga. App. LEXIS 2073
Opinion
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.
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State v. Benton, 267 S.E.2d 775, 154 Ga. App. 141, 1980 Ga. App. LEXIS 2073 (Ga. Ct. App. 1980).
267 S.E.2d 775 (State v. Benton) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
State v. White
244 S.E.2d 579 (Court of Appeals of Georgia, 1978)