Boyett v. State

Supreme Court of Georgia

Boyett v. State

53 S.E.2d 919, 205 Ga. 370, 1949 Ga. LEXIS 388

CourtSupreme Court of Georgia

DecidedJune 14, 1949

Docket16656.

StatusPublished

Cited by6 cases

This text of 53 S.E.2d 919 (Boyett v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Boyett v. State, 53 S.E.2d 919, 205 Ga. 370, 1949 Ga. LEXIS 388 (Ga. 1949).

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Opinion

Hawkins, Justice.

J. R. Boyett and Eugene Moody filed in the Superior Court of Pierce County their motion to withdraw pleas of guilty entered by them to an accusation charging them with the offense of simple larceny (hog stealing), and to vacate and set aside the sentence and judgment of the court entered therein, because, for the reasons stated in the motion, they were deprived of due process of law, and of the benefit and right of counsel to represent them in the entering of the pleas of guilty, as guaranteed to them by the Constitution of the United States (Code, §§ 1-805, 1-806, and 1-815) and by the Constitution of the State of Georgia (Code Ann., §§ 2-103 and 2-105). A rule nisi was issued setting the motion for a hearing at a designated time and place, and at that time, after evidence was introduced by both the applicants and the State, the prayers of the motion were overruled. To this judgment the plaintiffs excepted. Held:

No question presented by the writ of error requires a construction of any constitutional provision, nor is any statute of this State attacked as being unconstitutional, but the exceptions relate merely to an application of unquestioned and unambiguous provisions of the Constitution. This case, therefore, falls within the rule that: “The Court of Appeals and not the Supreme Court has jurisdiction of cases which involve mere application of unquestioned and unambiguous provisions of the Constitution to a given state of facts.” Jackson v. State, 203 Ga. 570 (47 S. E. 2d, 588).

Transferred, to the Court of Appeals.

All the Justices concur.

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Hawkins, Justice.

J. R. Boyett and Eugene Moody filed in the Superior Court of Pierce County their motion to withdraw pleas of guilty entered by them to an accusation charging them with the offense of simple larceny (hog stealing), and to vacate and set aside the sentence and judgment of the court entered therein, because, for the reasons stated in the motion, they were deprived of due process of law, and of the benefit and right of counsel to represent them in the entering of the pleas of guilty, as guaranteed to them by the Constitution of the United States (Code, §§ 1-805, 1-806, and 1-815) and by the Constitution of the State of Georgia (Code Ann., §§ 2-103 and 2-105). A rule nisi was issued setting the motion for a hearing at a designated time and place, and at that time, after evidence was introduced by both the applicants and the State, the prayers of the motion were overruled. To this judgment the plaintiffs excepted. Held:

No question presented by the writ of error requires a construction of any constitutional provision, nor is any statute of this State attacked as being unconstitutional, but the exceptions relate merely to an application of unquestioned and unambiguous provisions of the Constitution. This case, therefore, falls within the rule that: “The Court of Appeals and not the Supreme Court has jurisdiction of cases which involve mere application of unquestioned and unambiguous provisions of the Constitution to a given state of facts.” Jackson v. State, 203 Ga. 570 (47 S. E. 2d, 588).

Transferred, to the Court of Appeals.

All the Justices concur.

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Bluebook (online)

53 S.E.2d 919, 205 Ga. 370, 1949 Ga. LEXIS 388, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boyett-v-state-ga-1949.

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