State v. Williams

Benham, Judge.

After the jury returned a guilty verdict in a case in which appellee had been indicted for theft by taking, the trial court directed a verdict in favor of appellee on the ground that the applicable statute of limitation had run. It is from that order that the State brings this appeal.

1. Before the merits of the appeal may be considered, we must determine whether the State has the right to appeal from the trial court’s order. OCGA § 5-7-1 delineates the instances in which the State may take an appeal in a criminal case: from an order, decision or judgment setting aside or…