Peach v. State

Whitman, Judge.

The appeal in this case is from an order of the trial judge sustaining a general demurrer by the State to each of the defendant’s pleas in abatement and dismissing said pleas. The same order is enumerated as error.

All of the defendants’ pleas in abatement were identical, and alleged, in substance, that the true bill returned against them for the offense of gaming was not based upon any legal evidence whatsoever, but was returned wholly upon illegal evidence. Held:

1. Section 1 (a) of the Appellate Practice Act of 1965 (Ga. L. 1965, p. 18; Code Ann. § 6-701) provides that appeals…