Hubbard v. State

176 Ga. App. 622 (1985)

337 S.E.2d 60

HUBBARD

v.

THE STATE.

68997.

Court of Appeals of Georgia.

Decided October 30, 1985.

Michael B. Perry, for appellant.

Glenn Thomas, Jr., District Attorney, James A. Chamberlin, Jr., Assistant District Attorney, for appellee.

POPE, Judge.

1. Enoch Hubbard brings this appeal from the trial court's denial of his "Motion to Dismiss in the form of a motion Autrefois Acquit" based on OCGA § 17-7-170. Such a motion is, in essence, a plea in bar (State v. Benton, 246 Ga. 132 (269 SE2d 470) (1980)), the denial of which is not a final judgment and, thus, as a general rule, not…