State v. Givens

Birdsong, Presiding Judge.

Pursuant to OCGA § 5-7-1 (1), the State appeals the order of the superior court dismissing the indictment against Carroll C. Givens. The indictment contained only one count accusing appellee Givens, on the date averred of unlawfully operating a vessel in Baker County, to-wit: in an area designated as a no boating zone.

Appellee/defendant Givens filed a motion to dismiss the indictment on the ground that the Department of Natural Resources is without authority to regulate boating on the creek in question, as this area has been deemed private property by the…