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191 Ga. App. 435

Boyd v. State

Court of Appeals of Georgia

Decided April 10, 1989

Court of Appeals of Georgia · decided 1989-04-10

Cited by 1 later decisions — most recently June 1990

1 state decisions

Relies on 138 Ga. App. 171 - Partain v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-04-10

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McMurray, Presiding Judge.

¶1Defendant was charged, via accusation, with abandoning his two minor children, OCGA § 19-10-1. Defendant filed a motion to dismiss the accusation, asserting the general grounds. The trial court denied the motion to dismiss and this direct appeal followed. Held:

¶2The overruling of defendant’s motion to dismiss the accusation, which leaves the case pending for trial, is not a final judgment from which appeal can be taken, absent a certificate of immediate review. OCGA § 5-6-34; Partain v. State, 138 Ga. App. 171, 172 (225 SE2d 736). Consequently, since defendant has not complied with the interlocutory appeal procedure prescribed by OCGA § 5-6-34 (b), this appeal must be dismissed.

¶3Appeal dismissed.

Carley, C. J., and Beasley, J., concur.*436Decided April 10, 1989Rehearing denied May 4, 1989Jimmy A. Boyd, pro se.Gerald N. Blaney, Jr., Solicitor, for appellee.
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