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Mallard v. State

136 S.E.2d 755, 220 Ga. 31, 1964 Ga. LEXIS 441
CourtSupreme Court of Georgia
DecidedMay 7, 1964
Docket22459
StatusPublished
Cited by5 cases

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

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.

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Cite This Page — Counsel Stack

Bluebook (online)
136 S.E.2d 755, 220 Ga. 31, 1964 Ga. LEXIS 441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mallard-v-state-ga-1964.