State of Ga. v. Vurgess

Beasley, Judge.

On January 15, 1986, pursuant to a search warrant, a detective of the Chatham County Police Department searched an apartment and seized stolen goods, drugs and $7,442 in cash. On February 20, the state petitioned to condemn the money pursuant to OCGA § 16-13-49. The money was claimed to belong to appellee Frank Vurgess. After a bench trial, the court entered judgment on July 31 for appellee and dismissed the petition.

Four days later appellee’s attorney obtained the money from the custodian, based on the order. The state filed its notice of appeal on August 28. Appellee has…