Legal Opinion

Rush v. State

Court of Appeals of Georgia

Decided October 5, 1971No. 46518PublishedCited by 2 opinions

1Opinion of the Court

Eberhardt, Judge.

1. Although the accused was indicted, tried and convicted of armed robbery, this appeal lies within the jurisdiction of this court because it is from the denial of motions to quash the indictment and of a plea in bar (former jeopardy) and is not from the judgment of conviction. Harris v. State, 190 Ga. 773 (10 SE2d 752).

2. Since the judgments appealed from are not final and are' not among those specifically designated as appealable under Code Ann. § 6-701, and the record shows no certificate authorizing review, the appeal must be dismissed. See, e.g., Aikens v. State, *548226…

2Cases cited7 opinions

  1. Gibson v. HodgesSupreme Court of Georgia · 1966
  2. Ruth v. KennedyCourt of Appeals of Georgia · 1968
  3. Bruce v. StateCourt of Appeals of Georgia · 1970
  4. Harris v. StateSupreme Court of Georgia · 1940
  5. Aikens v. StateSupreme Court of Georgia · 1970

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Blackwell v. CantrellCourt of Appeals of Georgia · 1984
  2. Housing Authority v. Marbut Co.Court of Appeals of Georgia · 1972

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