Byrd v. State

Supreme Court of Georgia

Byrd v. State

33 S.E.2d 693, 199 Ga. 232, 1945 Ga. LEXIS 288

CourtSupreme Court of Georgia

DecidedApril 5, 1945

Docket15144.

StatusPublished

Cited by1 cases

This text of 33 S.E.2d 693 (Byrd 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

Byrd v. State, 33 S.E.2d 693, 199 Ga. 232, 1945 Ga. LEXIS 288 (Ga. 1945).

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Opinion

Atkinson, Justice.

(After stating the foregoing facts.) If the Supreme Court has jurisdiction of the present writ of error, it is because of the motion to quash the accusation, and especially *234 because of the language in the fourth ground, which is set forth in full in the statement of facts. This motion does not involve the construction of the constitution of Georgia, or- of the United States, ¡or of a treaty between the United States and a foreign government; nor does it draw in question the constitutionality of any law of the State of Georgia, or of the United States. Therefore the Supreme Court is without jurisdiction to pass upon the question raised in the motion to quash the accusation, which merely involves the application of a provision of the constitution of this State. Nor. does any question raised in .the motion for new trial invoke the jurisdiction of this court. Therefore the case is transferred to the Court of Appeals. Code, § 2-3005; Cowart v. State, 177 Ga. 377 (170 S. E. 253); Keeney v. State, 182 Ga. 523 (186 S. E. 561); Head v. Edgar Brothers Co., 187 Ga. 409 (200 S. E. 792); Chastain v. Alford, 191 Ga. 677 (13 S. E. 2d, 769).

Transferred to the Court of Appeals.

All the Justices concur.

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Atkinson, Justice.

(After stating the foregoing facts.) If the Supreme Court has jurisdiction of the present writ of error, it is because of the motion to quash the accusation, and especially *234 because of the language in the fourth ground, which is set forth in full in the statement of facts. This motion does not involve the construction of the constitution of Georgia, or- of the United States, ¡or of a treaty between the United States and a foreign government; nor does it draw in question the constitutionality of any law of the State of Georgia, or of the United States. Therefore the Supreme Court is without jurisdiction to pass upon the question raised in the motion to quash the accusation, which merely involves the application of a provision of the constitution of this State. Nor. does any question raised in .the motion for new trial invoke the jurisdiction of this court. Therefore the case is transferred to the Court of Appeals. Code, § 2-3005; Cowart v. State, 177 Ga. 377 (170 S. E. 253); Keeney v. State, 182 Ga. 523 (186 S. E. 561); Head v. Edgar Brothers Co., 187 Ga. 409 (200 S. E. 792); Chastain v. Alford, 191 Ga. 677 (13 S. E. 2d, 769).

Transferred to the Court of Appeals.

All the Justices concur.

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Bluebook (online)

33 S.E.2d 693, 199 Ga. 232, 1945 Ga. LEXIS 288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/byrd-v-state-ga-1945.

Opinion

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