Boyd v. State, 191 Ga. App. 435

McMurray, Presiding Judge.

Defendant was charged, via accusation, with abandoning his two minor children, OCGA § 19-10-1. Defendant filed a motion to dismiss the accusation, asserting the general grounds. The trial court denied the motion to dismiss and this direct appeal followed. Held:

The overruling of defendant’s motion to dismiss the accusation, which leaves the case pending for trial, is not a final judgment from which appeal can be taken, absent a certificate of immediate review. OCGA § 5-6-34; Partain v. State, 138 Ga. App. 171, 172 (225 SE2d 736). Consequently, since defendant has not complied with the interlocutory appeal procedure prescribed by OCGA § 5-6-34 (b), this appeal must be dismissed.

Appeal dismissed.

Carley, C. J., and Beasley, J., concur. Decided April 10, 1989 Rehearing denied May 4, 1989 Jimmy A. Boyd, pro se. Gerald N. Blaney, Jr., Solicitor, for appellee.

Case Details

Case Name: Boyd v. State

Court Name: Court of Appeals of Georgia

Date Published: Apr 10, 1989

Citations: 191 Ga. App. 435; 383 S.E.2d 906; 1989 Ga. App. LEXIS 660; A89A0677

Docket Number: A89A0677

Court Abbreviation: Ga. Ct. App.