Howell v. State
This text of 7 S.E.2d 249 (Howell 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.
Opinion
1.. The Supreme Court shall have jurisdiction in all cases where the constitutionality of any law of the State of Georgia is drawn in question (Code, § 2-3005), but in order to raise such a constitutional question it is necessary to set forth the particular statute or provision of law which it is claimed is unconstitutional. Jones v. Oemler, 110 Ga. 202 (2) (35 S. E. 375) ; Rooks v. Tindall, 138 Ga. 863 (2) (76 S. E. 378) ; Spielberger v. Hall, 159 Ga. 511 (126 S. E. 391) ; Loftin v. Southern Security Co., 162 Ga. 730 (2) (134 S. E. 760) ; Wright v. Cannon, 185 Ga. 363 (195 S. E. 168).
2. Accordingly, where an indictment undertakes to describe in general terms some act of the General Assembly, and the defendant demurs to the indictment upon the ground that there is no such law, but that the law as set forth in the indictment, if there be any such, is fatally defective in that it violates stated provisions of the constitution, the demurrer does not bring into question the constitutionality of any law of this State within the meaning of the constitutional provision as to jurisdiction of the Supreme Court, since it fails to specify any particular statute or provision which it is claimed is unconstitutional.
3. The Court of Appeals, and not the Supreme Court, has jurisdiction of the present case.
Transferred to the Court of Appeals.
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Cite This Page — Counsel Stack
7 S.E.2d 249, 189 Ga. 654, 1940 Ga. LEXIS 359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howell-v-state-ga-1940.