Andrews v. State

202 S.E.2d 246, 130 Ga. App. 2, 1973 Ga. App. LEXIS 1197

Opinion

Bell, Chief Judge.

The defendant was convicted in the State Court of Troup County of theft by deception of $843.15. Code Ann. § 26-1803.

Submitted September 12, 1973 Decided October 15, 1973. Richter & Birdsong, A. Quillian Baldwin, Jr., for appellant. Loeb C. Ketzky, Solicitor, for appellee.

Jurisdiction to try a person accused of a felony is vested exclusively by the State Constitution in the superior courts. Code Ann. § 2-3901; Jackson v. Balkcom, 210 Ga. 412 (80 SE2d 319). "Felony” means a crime punishable by death, or by imprisonment for life, or by imprisonment for more than 12 months. Code Ann. § 26-401 (e). The punishment for a violation of Code Ann. § 26-1803 when the value of the property which is the subject of the theft exceeds $100 is "imprisonment for not less than one and not more than 10 years, or, in the discretion of the trial judge, as for a misdemeanor.” Code Ann. § 26-1812 (a). While the above statute grants the trial judge discretion to impose misdemeanor punishment this provision does not reduce the offense to a misdemeanor. Kent v. State, 129 Ga. App. 71 (198 SE2d 712). See Code Ann. § 26-3101. Theft of property of a value in excess of $100 is a felony by statutory definition. Accordingly, the State Court of Troup County had no jurisdiction over the defendant under the accusation which charged a felony, and all proceedings were null and void.

Judgment reversed.

Deen and Quillian, JJ., concur.