McTERRELL v. STATE

43610.

118 Ga. App. 494 (1968)

164 S.E.2d 276

McTERRELL v. THE STATE.

Court of Appeals of Georgia.

Decided October 2, 1968.

Rehearing Denied October 11, 1968.


Attorney(s) appearing for the Case

Sullivan & Herndon, John J. Sullivan, for appellant.

Andrew J. Ryan, Jr., Solicitor General, Andrew J. Ryan, III, for appellee.


WHITMAN, Judge.

1. The first enumeration of error is that the court erred in not granting defendant's motion for a judgment of acquittal at the close of the evidence. Although formerly it was never error for the trial judge to deny a motion for directed verdict, the Appellate Practice Act of 1965, as amended, now provides that such may be enumerated as error. Sutton v. State, 223 Ga. 313

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