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164 Ga. App. 598

State v. Smith

Court of Appeals of Georgia

Decided December 2, 1982

Court of Appeals of Georgia · decided 1982-12-02

Cited by 2 later decisions — most recently November 1990

2 state decisions

Relies on 133 Ga. App. 793 - State v. Warren

Good law ✅— No negative treatment on recordhow we know

Decided 1982-12-02

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Birdsong, Judge.

¶1This is an appeal by the state from a directed verdict of acquittal which was granted at the conclusion of the state’s evidence during the trial at which the defendant was charged by accusation of the offense of abandonment of his illegitimate minor child. The trial court ruled that the state had not proved its case. A directed verdict of acquittal is not appealable by the state when the defendant has been put in jeopardy. See State v. Warren, 133 Ga. App. 793 (213 SE2d 53). Appellee Smith’s motion to dismiss is meritorious and therefore is granted.

¶2Appeal dismissed.

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