Austin v. State

Banke, Chief Judge.

Under indictment for two counts of child molestation, the appellant filed a plea in bar, asserting immunity from prosecution pursuant to OCGA § 19-7-5 (d) on the ground that the events on which the indictment was based “were first reported [to the authorities] by himself in an attempt to seek help for his family.” This is a direct appeal from the denial of that plea. The state has moved to dismiss the appeal based on the appellant’s failure to follow the interlocutory appeal procedures set forth in OCGA § 5-6-34. Held:

The denial of the plea in bar does not constitute a…