City of Atlanta v. McCary

Supreme Court of Georgia

City of Atlanta v. McCary

266 S.E.2d 193, 245 Ga. 582, 1980 Ga. LEXIS 865

CourtSupreme Court of Georgia

DecidedApril 8, 1980

Docket36061

StatusPublished

Cited by3 cases

This text of 266 S.E.2d 193 (City of Atlanta v. McCary) 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

City of Atlanta v. McCary, 266 S.E.2d 193, 245 Ga. 582, 1980 Ga. LEXIS 865 (Ga. 1980).

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Opinion

Undercofler, Chief Justice.

McCary was convicted of "idling and loitering for the purposes of prostitution” contrary to the City of Atlanta Code § 17-2004. The Superior Court of Fulton County, on certiorari, reversed, holding (1) that subsections (c), (d), and (e) of Atlanta Code § 17-2004 under which McCary was convicted, were unconstitutional for lack of due process and equal protection, and (2) the evidence did not justify a rational trier of fact in finding guilt beyond a reasonable doubt. See Jackson v. Virginia 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). An appeal does not lie to this court at the instance of the City of Atlanta in a criminal case, where the defendant has been found not guilty. This precludes our addressing the constitutional issues. But see, Lambert v. City of Atlanta, 242 Ga. 645 (250 SE2d 456) (1978).¹

Submitted March 21, 1980 Decided April 8, 1980. Andrew J. Hairston, Paul L. Howard, Jr., for appellant. Glenn Zell, for appellee.

Appeal dismissed.

All the Justices concur.

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Undercofler, Chief Justice.

McCary was convicted of "idling and loitering for the purposes of prostitution” contrary to the City of Atlanta Code § 17-2004. The Superior Court of Fulton County, on certiorari, reversed, holding (1) that subsections (c), (d), and (e) of Atlanta Code § 17-2004 under which McCary was convicted, were unconstitutional for lack of due process and equal protection, and (2) the evidence did not justify a rational trier of fact in finding guilt beyond a reasonable doubt. See Jackson v. Virginia 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). An appeal does not lie to this court at the instance of the City of Atlanta in a criminal case, where the defendant has been found not guilty. This precludes our addressing the constitutional issues. But see, Lambert v. City of Atlanta, 242 Ga. 645 (250 SE2d 456) (1978).¹

Submitted March 21, 1980 Decided April 8, 1980. Andrew J. Hairston, Paul L. Howard, Jr., for appellant. Glenn Zell, for appellee.

Appeal dismissed.

All the Justices concur.

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Bluebook (online)

266 S.E.2d 193, 245 Ga. 582, 1980 Ga. LEXIS 865, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-atlanta-v-mccary-ga-1980.

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