Rowland v. State

Supreme Court of Georgia

Rowland v. State

34 S.E.2d 577, 199 Ga. 340, 1945 Ga. LEXIS 323

CourtSupreme Court of Georgia

DecidedJune 5, 1945

Docket15173.

StatusPublished

Cited by9 cases

This text of 34 S.E.2d 577 (Rowland 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

Rowland v. State, 34 S.E.2d 577, 199 Ga. 340, 1945 Ga. LEXIS 323 (Ga. 1945).

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Opinion

Atkinson, Justice.

The writ of error is based upon the refusal of the trial court to permit a plea of guilty to be withdrawn. One of the alleged errors set forth in the bill of exceptions is that the refusal to grant a motion to withdraw the plea of guilty violated certain constitutional rights of the accused.

It is the duty of this court upon its own motion to raise the question of its jurisdiction in all cases in which there may be any doubt as to the existence of such jurisdiction. McDowell v. McDowell, 194 Ga. 88 (20 S. E. 2d, 602); Wood v. W. P. Brown & Sons Lumber Co., 199 Ga. 167 (33 S. E. 2d, 435). The present case is one calling for such inquiry. Jurisdiction is not vested in the Supreme Court merely because it is contended that a judgment is contrary to some provision of the constitution; in such a case jurisdiction is vested in the Court of Appeals. Before this court will assume jurisdiction the question must involve the construction of the constitution or the constitutionality of some statute. Code, § 2-3005; Head v. Edgar Brothers Co., 187 Ga. 409 (200 S. E. 792). Nor does the writ of error set forth any other ground giving the Supreme Court jurisdiction of this case. For a similar case, see Sanders v. State, 186 Ga. 335 (197 S. E. 801). Accordingly, the case is

Transferred lo the Court of Appeals.

Bell, C. J., Jenlcins, P. J., Duckworth and Wyatt, JJ., concur.

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Atkinson, Justice.

The writ of error is based upon the refusal of the trial court to permit a plea of guilty to be withdrawn. One of the alleged errors set forth in the bill of exceptions is that the refusal to grant a motion to withdraw the plea of guilty violated certain constitutional rights of the accused.

It is the duty of this court upon its own motion to raise the question of its jurisdiction in all cases in which there may be any doubt as to the existence of such jurisdiction. McDowell v. McDowell, 194 Ga. 88 (20 S. E. 2d, 602); Wood v. W. P. Brown & Sons Lumber Co., 199 Ga. 167 (33 S. E. 2d, 435). The present case is one calling for such inquiry. Jurisdiction is not vested in the Supreme Court merely because it is contended that a judgment is contrary to some provision of the constitution; in such a case jurisdiction is vested in the Court of Appeals. Before this court will assume jurisdiction the question must involve the construction of the constitution or the constitutionality of some statute. Code, § 2-3005; Head v. Edgar Brothers Co., 187 Ga. 409 (200 S. E. 792). Nor does the writ of error set forth any other ground giving the Supreme Court jurisdiction of this case. For a similar case, see Sanders v. State, 186 Ga. 335 (197 S. E. 801). Accordingly, the case is

Transferred lo the Court of Appeals.

Bell, C. J., Jenlcins, P. J., Duckworth and Wyatt, JJ., concur.

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Bluebook (online)

34 S.E.2d 577, 199 Ga. 340, 1945 Ga. LEXIS 323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rowland-v-state-ga-1945.

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