Jordan v. State

Supreme Court of Georgia

Jordan v. State

181 S.E.2d 50, 227 Ga. 427, 1971 Ga. LEXIS 724

CourtSupreme Court of Georgia

DecidedMarch 18, 1971

Docket26419

StatusPublished

This text of 181 S.E.2d 50 (Jordan 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

Jordan v. State, 181 S.E.2d 50, 227 Ga. 427, 1971 Ga. LEXIS 724 (Ga. 1971).

Pincite

Opinion

Nichols, Justice.

The defendant was indicted for and convicted of aggravated sodomy and sentenced to life imprisonment, the maximum sentence which could be imposed under Code Ann. § 26-2002 for this offense. A motion for new trial based upon the usual general grounds only was filed and overruled. An appeal was filed to the Court of Appeals and by that court transferred to this court without opinion. Held:

The conviction of a felony where the maximum sentence is life imprisonment is not a capital felony which would place jurisdiction of the appeal in this court. See Caesar v. State, 127 Ga. (57 SE 66). Accordingly the case must be returned to the Court of Appeals.

Submitted March 8, 1971 Decided March 18, 1971. Richard L. Powell, for appellant. Ben F. Smith, District Attorney, Herbert A. Rivers, for appellee.

Returned to the Court of Appeals.

All the Justices concur.

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