State v. Gribble

Court of Appeals of Georgia

State v. Gribble

313 S.E.2d 720, 169 Ga. App. 446, 1984 Ga. App. LEXIS 1586

CourtCourt of Appeals of Georgia

DecidedJanuary 4, 1984

Docket67494

StatusPublished

Cited by7 cases

This text of 313 S.E.2d 720 (State v. Gribble) 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. Gribble, 313 S.E.2d 720, 169 Ga. App. 446, 1984 Ga. App. LEXIS 1586 (Ga. Ct. App. 1984).

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Opinion

Quillian, Presiding Judge.

The state appeals the trial court’s dismissal of this case for lack of prosecution after the close of evidence. Held:

The state’s right to appeal is controlled by OCGA § 5-7-1 (formerly Code Ann. § 6-1001a), which does not authorize an appeal on the grounds stated.

This statute must be strictly construed against the state in allowing appeals. State v. Clendinin, 136 Ga. App. 303 (221 SE2d 71).

“The order appealed from... is not one of the instances in which the state is granted the right of appeal . . . The General Assembly having placed the specific conditions upon appeals by the state in criminal cases which are contained in § 6-1001a, we will not by judicial construction extend the right of appeal beyond these instances ...” State v. Hollomon, 132 Ga. App. 304, 305-6 (208 SE2d 167).

Appeal dismissed.

Sognier and Pope, JJ., concur. *447 F. Larry Salmon, District Attorney, William H. Boggs, Assistant District Attorney, for appellant. C. Ronald Patton, for appellee.

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