Thornton v. State

Supreme Court of Georgia

Thornton v. State

216 S.E.2d 330, 234 Ga. 480, 1975 Ga. LEXIS 1170

CourtSupreme Court of Georgia

DecidedMay 27, 1975

Docket29744

StatusPublished

Cited by7 cases

This text of 216 S.E.2d 330 (Thornton 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

Thornton v. State, 216 S.E.2d 330, 234 Ga. 480, 1975 Ga. LEXIS 1170 (Ga. 1975).

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Opinion

Gunter, Justice.

This is an appeal from an interlocutory order of the Superior Court of Clayton County which denied appellant’s plea of "autrefois acquit” to a second prosecution for the misdemeanor of child abandonment. Code Ann. § 74-9902. Appellant argues on appeal that his plea in bar should have been sustained and that § 74-9902 is unconstitutional. The only issue ruled on and certified for review was the question of "autrefois acquit.” This court will not pass upon the constitutionality of a statute unless it clearly appears that the point was properly raised in the trial court and passed on. Tant v. State, 226 Ga. 761 (177 SE2d 484) (1970). Where the only constitutional question passed on involves simply an application of unquestioned and unambiguous provisions of the State or Federal Constitution, appellate ju *481 risdiction is in the Court of Appeals. Reid v. State, 223 Ga. 376 (155 SE2d 22) (1967). An appeal from the overruling of a plea of "autrefois acquit” falls within this rule. Meadows v. State, 170 Ga. 802 (154 SE 188) (1930); Letbedder v. State, 129 Ga. App. 196 (199 SE2d 270) (1973), cert. den., 129 Ga. App. 920, U. S. cert. den. 414 U. S. 1134 (1974).

Argued April 16, 1975 Decided May 27, 1975. Edwin M. Saginar, for appellant.

Transferred to the Court of Appeals.

All the Justices concur.

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Gunter, Justice.

This is an appeal from an interlocutory order of the Superior Court of Clayton County which denied appellant’s plea of "autrefois acquit” to a second prosecution for the misdemeanor of child abandonment. Code Ann. § 74-9902. Appellant argues on appeal that his plea in bar should have been sustained and that § 74-9902 is unconstitutional. The only issue ruled on and certified for review was the question of "autrefois acquit.” This court will not pass upon the constitutionality of a statute unless it clearly appears that the point was properly raised in the trial court and passed on. Tant v. State, 226 Ga. 761 (177 SE2d 484) (1970). Where the only constitutional question passed on involves simply an application of unquestioned and unambiguous provisions of the State or Federal Constitution, appellate ju *481 risdiction is in the Court of Appeals. Reid v. State, 223 Ga. 376 (155 SE2d 22) (1967). An appeal from the overruling of a plea of "autrefois acquit” falls within this rule. Meadows v. State, 170 Ga. 802 (154 SE 188) (1930); Letbedder v. State, 129 Ga. App. 196 (199 SE2d 270) (1973), cert. den., 129 Ga. App. 920, U. S. cert. den. 414 U. S. 1134 (1974).

Argued April 16, 1975 Decided May 27, 1975. Edwin M. Saginar, for appellant.

Transferred to the Court of Appeals.

All the Justices concur.

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216 S.E.2d 330, 234 Ga. 480, 1975 Ga. LEXIS 1170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thornton-v-state-ga-1975.

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