Williams v. State

Full title: WILLIAMS v. THE STATE

Court: Court of Appeals of Georgia

Date published: Nov 20, 1978

251 S.E.2d 130 (Ga. Ct. App. 1978)

148 Ga. App. 176

Opinion

56896.

SUBMITTED NOVEMBER 7, 1978.

DECIDED NOVEMBER 20, 1978.

Motion to dismiss indictment. Colquitt Superior Court. Before Judge Horkan.

Fallin Kirbo, William M. McIntosh, for appellant.

H. Lamar Cole, District Attorney, Alden W. Snead, Assistant District Attorney, for appellee.

WEBB, Judge.

Williams has appealed from the denial of his motion to dismiss his indictment for motor vehicle theft, for which an interlocutory order was certified for immediate review by the trial judge pursuant to Code Ann. § 6-701 (a) 2. There was never made to this court, however, an application for interlocutory review, and no order granting an appeal has been entered. The appeal is premature and must be dismissed. Home Mart. Bldg. Centers v. Wallace, 139 Ga. App. 49 (2) ( 228 S.E.2d 22) (1976); Dempsey v. Bradley Center, 139 Ga. App. 615, 616 ( 229 S.E.2d 104) (1976).

Appeal dismissed. Quillian, P. J., and McMurray, J., concur.

SUBMITTED NOVEMBER 7, 1978 — DECIDED NOVEMBER 20, 1978.