Legal Opinion · Dissent

State v. O'QUINN

Court of Appeals of Georgia

Decided June 30, 1989No. A89A0031Published

1DissentBenham, Judge

1. In my view, the State has failed to present sufficient grounds to warrant reversal of the trial court’s order quashing the indictment. As the majority opinion points out, the motion to quash was apparently premised upon the question of the DOT officers’ authority to make the initial stop of appellee’s automobile, but no evidence was presented to show what actually occurred at that time and no facts were stipulated. OCGA § 32-6-29 (a) (12) empowers DOT to appoint enforcement officers who, in addition to their powers to enforce specific licensing and fuel tax registration requirements, shall…

2Cases cited7 opinions

  1. Tarwid v. StateCourt of Appeals of Georgia · 1987
  2. In the Interest of J. L. Y.Court of Appeals of Georgia · 1987
  3. Riley v. StateCourt of Appeals of Georgia · 1986
  4. Tandy Corp. v. McCrimmonCourt of Appeals of Georgia · 1987
  5. State v. HodgesCourt of Appeals of Georgia · 1987

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