
    58846.
    THE STATE v. BENTON.
    Submitted October 30, 1979
    Decided March 11, 1980
    Rehearing denied March 24, 1980
    
      Charles Hadaway, George Weaver, Assistant Solicitors, for appellant.
    
      John P. Howell, for appellee.
   Sognier, Judge.

The state appeals from orders granting Benton’s motion for discharge and acquittal pursuant to Code Ann. § 27-1901 and his motion to dismiss based upon the alleged unconstitutionality of Code Arm. § 74-9902, which he was accused of violating. "Inasmuch as the trial judge entered a judgment of acquittal which the state had no right to appeal (Code Ann. § 6-1001a), the appeal in this case brought by the state must be dismissed. [Cit.]” State v. White, 145 Ga. App. 730 (244 SE2d 579) (1978).

Appeal dismissed.

McMurray, P. J., and Banke, J., concur.  