Smith v. State

In order to provide full protection against double jeopardy, the law provides that a defendant may file a direct appeal from a denial of such a plea in bar “where the plea was filed sufficiently in advance of trial so as not to constitute a delaying device.” Patterson v. State, 248 Ga. 875, 877 (287 SE2d 7) (1982). It is in this sense regarded as a final judgment falling within the scope of OCGA § 5-6-34 (a) (1). See also Rogers v. State, 166 Ga. App. 299 (304 SE2d 108) (1983); McCannon v. State, 168 Ga. App. 471 (309 SE2d 636) (1983); cf. Williford v. Davis, 181 Ga. 411 (182 SE 511) (1935).

In…