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HEWLETT v. STATE

47453.

127 Ga. App. 301 (1972)

193 S.E.2d 192

HEWLETT v. THE STATE.

Court of Appeals of Georgia.

Decided September 28, 1972.

Rehearing Denied October 13, 1972.

Attorney(s) appearing for the Case

Joseph B. Bergen, for appellant.

Andrew J. Ryan, Jr., District Attorney, Howard A. McGlasson, Jr., for appellee.

BELL, Chief Judge.

Absent a certificate for immediate review, the denial of defendant's plea of autrefois acquit is not a final judgment. Bruce v. State, 122 Ga.App. 159 (176 S.E.2d 515). As the case is pending below, the appeal is premature and the State's motion to dismiss the appeal is granted.

Appeal dismissed. Evans and Stolz, JJ...

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