Lovell v. State

Supreme Court of Georgia

Lovell v. State

178 S.E.2d 174, 226 Ga. 880, 1970 Ga. LEXIS 722

CourtSupreme Court of Georgia

DecidedNovember 5, 1970

Docket26153

StatusPublished

This text of 178 S.E.2d 174 (Lovell 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

Lovell v. State, 178 S.E.2d 174, 226 Ga. 880, 1970 Ga. LEXIS 722 (Ga. 1970).

Pincite

Opinion

Nichols, Justice.

In Count 2 of a two-count accusation, the defendant was charged with using abusive language to another tending to cause a breach of the peace (Code Ann. § 26-2610, effective July 1, 1969). Upon his arraignment the defendant pleaded not guilty and a demurrer to such count of the indictment was overruled. Certification for immediate review was made and the present appeal filed. Held:

Assuming arguendo that the defendant’s demurrer properly raised a question as to the constitutionality of the above cited provision of the Criminal Code, yet the decision of this court in Wilson v. State, 223 Ga. 531 (156 SE2d 446) in which an attack was made on similar language of the Criminal Code in effect prior to July 1, 1969 (Code § 26-6303), the trial court properly overruled the defendant’s demurrer.

Judgment affirmed.

All the Justices concur.

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