Prather v. State

Supreme Court of Georgia

Prather v. State

155 S.E.2d 862, 223 Ga. 431, 1967 Ga. LEXIS 554

CourtSupreme Court of Georgia

DecidedJune 22, 1967

Docket24135

StatusPublished

Cited by2 cases

This text of 155 S.E.2d 862 (Prather 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

Prather v. State, 155 S.E.2d 862, 223 Ga. 431, 1967 Ga. LEXIS 554 (Ga. 1967).

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Opinion

Duckworth, Chief Justice.

The constitutional attack upon Code § 26-2603, as amended (Ga. L. 1963, p. 295; 1965, p. 295; 1965, p. 504; 1966, pp. 555, 556) which would give this court jurisdiction of this appeal is no longer in the case upon the acquittal of the accused of this crime; hence this case must be transferred to the Court of Appeals since it no longer involves a question of the constitutionality of a statute but only the question of application of criminal procedures and related issues not involving a capital felony. Dixon v. State, 207 Ga. 192 (60 SE2d 439); Robinson v. State, 209 Ga. 48 (70 SE2d 514); Giles v. State, 212 Ga. 465 (93 SE2d 739); Waller v. Conner, 218 Ga. 633 (129 SE2d 845).

Transferred to the Court of Appeals.

All the Justices concur. Lewis B. Slaton, Solicitor General, J. Walter LeCraw, Paul Ginsberg, Amber W. Anderson, for appellee.

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Duckworth, Chief Justice.

The constitutional attack upon Code § 26-2603, as amended (Ga. L. 1963, p. 295; 1965, p. 295; 1965, p. 504; 1966, pp. 555, 556) which would give this court jurisdiction of this appeal is no longer in the case upon the acquittal of the accused of this crime; hence this case must be transferred to the Court of Appeals since it no longer involves a question of the constitutionality of a statute but only the question of application of criminal procedures and related issues not involving a capital felony. Dixon v. State, 207 Ga. 192 (60 SE2d 439); Robinson v. State, 209 Ga. 48 (70 SE2d 514); Giles v. State, 212 Ga. 465 (93 SE2d 739); Waller v. Conner, 218 Ga. 633 (129 SE2d 845).

Transferred to the Court of Appeals.

All the Justices concur. Lewis B. Slaton, Solicitor General, J. Walter LeCraw, Paul Ginsberg, Amber W. Anderson, for appellee.

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Bluebook (online)

155 S.E.2d 862, 223 Ga. 431, 1967 Ga. LEXIS 554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prather-v-state-ga-1967.

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