Newman v. State

Quillian, Presiding Judge.

The defendant appeals the trial court’s denial of his motion to quash an accusation, which motion was based on an assertion of double jeopardy. Held:

1. Formerly, this non-final issue could be presented only by application for review; however, the Georgia Supreme Court has held that a direct appeal will lie from an order overruling a plea of double jeopardy. Patterson v. State, 248 Ga. 875 (287 SE2d 7). We, therefore, consider the merits of this appeal.

2. The defendant was indicted for the offenses of habitual violator; driving under the influence and speeding. On the…