Home/Supreme Court of Georgia/Mallard v. State

Mallard v. State

136 S.E.2d 755, 220 Ga. 31, 1964 Ga. LEXIS 441
Supreme Court of Georgia·Decided May 7, 1964·No. 22459·Published·Cited by 5 cases

Opinion

Almand, Justice.

The sole assignment of error is that the court erred in overruling the defendant’s special plea in bar. In the material portions of the plea it is alleged that “Georgia Code Section 68-1625” is unconstitutional because it violates enumerated provisions of the Georgia Constitution and the United States Constitution. Held:

This attempt to attack the constitutionality of Code § 68-1625 is futile since there is no such section in the official Code of 1933. Accordingly the court did not err in overruling the special plea in bar. See Bowen v. State, 215 Ga. 471 (111 SE2d 44); Morgan v. Todd, 214 Ga. 497 (106 SE2d 37).

Judgment affirmed.

All the Justices concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Mallard v. State, 136 S.E.2d 755, 220 Ga. 31, 1964 Ga. LEXIS 441 (Ga. 1964).

136 S.E.2d 755 (Mallard v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Security Management Co. v. King
208 S.E.2d 576 (Court of Appeals of Georgia, 1974)
Cox v. Burson
172 S.E.2d 406 (Supreme Court of Georgia, 1970)
Anderson v. Wilson
150 S.E.2d 172 (Court of Appeals of Georgia, 1966)
CTC Finance Corporation v. Holden
147 S.E.2d 427 (Supreme Court of Georgia, 1966)
Parrott v. Fletcher
146 S.E.2d 923 (Court of Appeals of Georgia, 1966)