State v. Clendinin

Bell, Chief Judge.

These are appeals by the state from orders of acquittal entered by the trial court under Code § 27-1901, which requires that action when a defendant is not tried within two terms of court when demand for trial is made and juries are empaneled. Held:

Code Ann. § 6-1001 (a) must be construed strictly against the state in allowing appeals under the specific conditions provided by the General Assembly. State v. Holloman, 132 Ga. App. 304 (208 SE2d 167). Under the above statute an appeal by the state is authorized from: (a) An order setting aside or dismissing an indictment or…