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State v. Pruitt

Court of Appeals of Georgia
Feb 5, 1992
415 S.E.2d 497 (Ga. Ct. App. 1992)

Opinion

A91A2044.

DECIDED FEBRUARY 5, 1992.

Dismissal of accusation. Gwinnett State Court. Before Judge Greene, pro hac vice.

Gerald N. Blaney, Jr., Solicitor, William F. Bryant, Assistant Solicitor, for appellant.

Alan I. Begner, Paul C. Munger, for appellee.


By way of accusation, appellee was charged with obstruction of a law enforcement officer. Thereafter, the trial court conducted a hearing and ordered the dismissal of the accusation for lack of "any probable cause to charge [appellee] with obstruction" of a law enforcement officer. Pursuant to OCGA § 5-7-1 (1), the State appeals from that order.

It does not appear from the record whether a post-arrest pre-accusation probable cause hearing was held pursuant to Uniform State Court Rule 26. In any event, however, it is clear that the trial court had no jurisdiction to dismiss the accusation based upon the purported lack of probable cause. First Nat. Bank c., Macon v. State, 237 Ga. 112 ( 227 S.E.2d 20) (1976). Accordingly, the erroneous dismissal of the accusation must be reversed.

Judgment reversed. Beasley, J., and Judge Arnold Shulman concur.

DECIDED FEBRUARY 5, 1992.


Summaries of

State v. Pruitt

Court of Appeals of Georgia
Feb 5, 1992
415 S.E.2d 497 (Ga. Ct. App. 1992)
Case details for

State v. Pruitt

Case Details

Full title:THE STATE v. PRUITT

Court:Court of Appeals of Georgia

Date published: Feb 5, 1992

Citations

415 S.E.2d 497 (Ga. Ct. App. 1992)
415 S.E.2d 497