Stone v. State
This text of 42 S.E.2d 727 (Stone 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.
Opinion
(After stating the foregoing facts.) “A question as to the constitutionality of a law can not be raised for the first time in a motion for a new trial, where it was not made either by demurrer to the pleadings or by objections to evidence, or in some other appropriate way pending the trial.” Hendry v. State, 147 Ga. 260 (8) (93 S. E. 413); Starling v. State, 149 Ga. 172 (99 S. E. 619).
Under the ruling quoted above, no constitutional question is properly made, and the case is not, otherwise, one of which the Supreme Court has jurisdiction. Accordingly, direction is given that it be transferred to the Court of Appeals, which has jurisdiction to determine it. Savannah Electric Co. v. Thomas, 154 Ga. 258 (113 S. E. 806); Western & Atlantic R. v. Michael, 172 Ga. 561 (158 S. E. 426); Moore v. State, 194 Ga. 672 (22 S. E. 2d, 510).
Transferred to the Court of Appeals.
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Cite This Page — Counsel Stack
42 S.E.2d 727, 202 Ga. 203, 1947 Ga. LEXIS 406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stone-v-state-ga-1947.