State v. Frye

Sognier, Chief Judge.

David Frye was indicted on a charge of robbery. At trial, after a jury was selected but before the jury was sworn, Frye moved in limine to exclude evidence of both an out-of-court identification Frye alleged was improper and any in-court identification that might be offered during trial. The trial court granted Frye’s motion and the State appeals.

1. Before considering the merits of the appeal we must consider initially the State’s right to bring a direct appeal from the trial court’s pretrial ruling on appellee’s motion in limine. See State v. Smith, 193 Ga. App. 831 (1)…