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McNEAL v. STATE

34643.

88 Ga. App. 333 (1953)

76 S.E.2d 640

McNEAL v. THE STATE.

Court of Appeals of Georgia.

Decided June 9, 1953.

Attorney(s) appearing for the Case

G. H. Mingledorff, Gibson & Maddox, for plaintiff in error.

J. R. Walker, Solicitor-General, R. A. Moore, contra.

TOWNSEND, J.

1. "`Under repeated rulings of the Supreme Court and of this court, the striking of a plea of former jeopardy filed by the accused in a criminal case is not a final judgment within the meaning of . . . [Code of 1933, § 6-701], and a direct bill of exceptions assigning error upon the judgment striking the plea is prematurely brought and must be dismissed. Vaughn v. State, 38 Ga.App. 438 (144 S. E. 223), and cit. See also English<...

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