STATE v. EAVES

75903.

185 Ga. App. 740 (1988)

365 S.E.2d 535

THE STATE v. EAVES.

Court of Appeals of Georgia.

Decided February 3, 1988.


Attorney(s) appearing for the Case

Glenn Thomas, Jr., District Attorney, Robert L. Crowe, Richard H. Taylor, Assistant District Attorneys, for appellant.

Grayson P. Lane, for appellee.


BANKE, Presiding Judge.

The trial court granted the appellee-defendant's motion for new trial in this criminal case, concluding that it had erred in allowing certain rebuttal testimony offered by the state. The state responded by filing this appeal. Held:

Pursuant to OCGA § 5-7-1, the state's authority to take a direct appeal is limited to "the following instances: (1) From an order, decision, or judgment setting aside or dismissing any indictment...

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