STATE v. ROE

A93A1082.

211 Ga. App. 129 (1993)

438 S.E.2d 186

THE STATE v. ROE.

Court of Appeals of Georgia.

Decided November 23, 1993.


Attorney(s) appearing for the Case

Britt R. Priddy, District Attorney, Francis D. Hand, Jr., Assistant District Attorney, for appellant.

Jones & Jones, L. Earl Jones, Stefanie O. Jones, for appellee.


BEASLEY, Presiding Judge.

The State appeals as permitted by OCGA § 5-7-1 (4) from an order granting defendant's motion to suppress. He is charged with being a habitual violator of motor vehicle laws. OCGA § 40-5-58 (c).

1. Because there was no physical evidence sought to be introduced, defendant's motion is more accurately denominated a motion in limine to exclude the officer's testimony based on the alleged constitutional violation. Substance, not...

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