Huguley v. State

Supreme Court of Georgia

Huguley v. State

167 S.E.2d 152, 225 Ga. 191, 1969 Ga. LEXIS 424

CourtSupreme Court of Georgia

DecidedMarch 20, 1969

Docket25084

StatusPublished

Cited by12 cases

This text of 167 S.E.2d 152 (Huguley 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.

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Huguley v. State, 167 S.E.2d 152, 225 Ga. 191, 1969 Ga. LEXIS 424 (Ga. 1969).

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Opinion

Nichols, Justice.

The defendant was tried and convicted under an accusation charging him with open lewdness arid public indecency {Code § 26-6101). An attack upon the constitutionality of such Code section was overruled and such judgment enumerated as error as were other judgments and rulings of the trial court. Held:

1. It is well settled that when the constitutionality of a statute has been finally and conclusively determined by decisions of this court such questions cannot again be urged so as to invoke the jurisdiction of this court in a case where the jurisdiction of the subject matter of the appeal is otherwise properly in the Court of Appeals. See Morgan County v. Craig, 213 Ga. 742 (101 SE2d 714); Continental Cas. Co. v. Bump, 218 Ga. 187, 190 (126 SE2d 783).

2. In Fowler v. State, 189 Ga. 733 (8 SE2d 77), the Code section attacked in the present case was held to be constitutional as against the same attack here made, and the remaining enumerations of error require merely the application of unquestioned and unambiguous provisions of the Constitution to a given state of facts. See Woods v. State, 223 Ga. 754 (2) (158 SE2d 395), and citations. The Court of Appeals and not this court has jurisdiction of the appeal.

Transferred to the Court of Appeals.

All the Justices concur.

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