Hubbard v. State

Pope, Judge.

1. Enoch Hubbard brings this appeal from the trial court’s denial *623of his “Motion to Dismiss in the form of a motion Autrefois Acquit” based on OCGA § 17-7-170. Such a motion is, in essence, a plea in bar (State v. Benton, 246 Ga. 132 (269 SE2d 470) (1980)), the denial of which is not a final judgment and, thus, as a general rule, not directly appealable to this court. See Hewlett v. State, 127 Ga. App. 301 (193 SE2d 192) (1972), cert. den., Hewlett v. Georgia, 410 U. S. 989 (1973); Bruce v. State, 122 Ga. App. 159 (176 SE2d 515) (1970). Although the record on appeal contains a…