Nickles v. State

1. Under Code i 6-701 no cause shall be carried to the Court of Appeals upon any bill of exceptions, so long as the same is pending in the court below, unless the decision or judgment complained of, if it had been rendered as claimed by the plaintiff in error, would have been a final disposition of the cause, or final as to some material party thereto. The mere passing of an order declaring a mistrial terminates the trial, but is not a final decision in the cause as the cause itself is still left pending for trial in the court below. Oliveros v. State, 118 Ga. 776 (45 S. E. 596); Starnes v.…