Thompson v. State

A motion for rehearing was made by the State, and granted; defendant made a motion to strike the motion. The writer is of the opinion that the State of Georgia has no legal right to file a motion and be heard as a party in any criminal case under Code § 24-3643. and under the principle announced in State of Georgia v. J ones, 7 Ga. 422, 425, 427. And as to the same principle announced under State v. Lavinia, 25 Ga. 311; also Mayor &c. of Macon v. Wood, 109 Ga. 149 (34 S. E. 322); Cranston v. Augusta, 61 Ga. 572, 579; State v. Thompson, 175 Ga. 189, 191 (165 S. E. 34). While this is true, the…