United States of America, Plaintiff-appellee, v. Offie Gene Evans, Defendant-appellant, 469 F.2d 696 (5th Cir. 1972)

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US Court of Appeals for the Fifth Circuit - 469 F.2d 696 (5th Cir. 1972) Dec. 21, 1972

Richard R. Kirby Atlanta, Ga. (Court-appointed), for defendant-appellant.

John W. Stokes, U. S. Atty., George H. Connell, Jr., Asst. U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before THORNBERRY, COLEMAN and INGRAHAM, Circuit Judges.

PER CURIAM:

This is an appeal from an order denying appellant's motion to dismiss the indictment against him. Since such an order is not a final judgment, we are without jurisdiction to consider the merits of his claim. Accordingly, the appeal is hereby dismissed.

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Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5 Cir., 1970, 431 F.2d 409

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