Marchman v. State

Supreme Court of Georgia

Marchman v. State

205 S.E.2d 266, 232 Ga. 48, 1974 Ga. LEXIS 855

CourtSupreme Court of Georgia

DecidedApril 4, 1974

Docket28687

StatusPublished

Cited by4 cases

This text of 205 S.E.2d 266 (Marchman 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

Marchman v. State, 205 S.E.2d 266, 232 Ga. 48, 1974 Ga. LEXIS 855 (Ga. 1974).

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Opinion

Nichols, Presiding Justice.

After the defendant’s prior conviction was reversed by the Court of Appeals in Marchman v. State, 129 Ga. App. 22 (198 SE2d 425), a new indictment was returned which resulted in a second conviction. The appeal is from such judgment. It is contended that jurisdiction of this appeal is in this court, rather than the Court of Appeals, because of the "constitutional questions raised by defendant’s plea of former jeopardy... motion for change of venue, plea in abatement and challenge to the array of the traverse jurors and motion to suppress evidence ...” Held:

No attack has been made upon the constitutionality of any statute nor is the construction of the Constitution involved in any of the above listed pleas and motions made in the trial court, but the application of the State and Federal Constitutions to the facts in the appellant’s case is involved. Under such circumstances, since the case does not involve an appeal from the conviction of a capital felony, jurisdiction of the appeal is in the Court *49 of Appeals and not the Supreme Court. Harrold v. State, 217 Ga. 612 (124 SE2d 73); Pollard v. State, 229 Ga. 698 (194 SE2d 107).

Argued March 11, 1974 Decided April 4, 1974. Weiner & Bazemore, Paul S. Weiner, Terrell A. Abernathy, for appellant. Ben J. Miller, District Attorney, for appellee.

Transferred to the Court of Appeals.

All the Justices concur.

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Nichols, Presiding Justice.

After the defendant’s prior conviction was reversed by the Court of Appeals in Marchman v. State, 129 Ga. App. 22 (198 SE2d 425), a new indictment was returned which resulted in a second conviction. The appeal is from such judgment. It is contended that jurisdiction of this appeal is in this court, rather than the Court of Appeals, because of the "constitutional questions raised by defendant’s plea of former jeopardy... motion for change of venue, plea in abatement and challenge to the array of the traverse jurors and motion to suppress evidence ...” Held:

No attack has been made upon the constitutionality of any statute nor is the construction of the Constitution involved in any of the above listed pleas and motions made in the trial court, but the application of the State and Federal Constitutions to the facts in the appellant’s case is involved. Under such circumstances, since the case does not involve an appeal from the conviction of a capital felony, jurisdiction of the appeal is in the Court *49 of Appeals and not the Supreme Court. Harrold v. State, 217 Ga. 612 (124 SE2d 73); Pollard v. State, 229 Ga. 698 (194 SE2d 107).

Argued March 11, 1974 Decided April 4, 1974. Weiner & Bazemore, Paul S. Weiner, Terrell A. Abernathy, for appellant. Ben J. Miller, District Attorney, for appellee.

Transferred to the Court of Appeals.

All the Justices concur.

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205 S.E.2d 266, 232 Ga. 48, 1974 Ga. LEXIS 855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marchman-v-state-ga-1974.

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