Waters v. State

Supreme Court of Georgia

Waters v. State

174 S.E.2d 420, 226 Ga. 278, 1970 Ga. LEXIS 504

CourtSupreme Court of Georgia

DecidedApril 9, 1970

Docket25705

StatusPublished

Cited by4 cases

This text of 174 S.E.2d 420 (Waters 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

Waters v. State, 174 S.E.2d 420, 226 Ga. 278, 1970 Ga. LEXIS 504 (Ga. 1970).

Pincite

Opinion

Grice, Justice.

This court’s jurisdiction of this appeal from a judgment of conviction and sentence for possessing an unlawful amount of tax-paid liquor is predicated upon constitutional questions being involved. Such contention is based on the defendant’s oral motion to quash the indictment on the ground that Code Ann. § 58-1077, under which the defendant was indicted, is unconstitutional. However, besides being oral, such motion did not state what constitutional provisions such statute was alleged to violate, and thus raised no constitutional question for this court’s jurisdiction. Lanier v. Buttles, 212 Ga. 154 (91 SE2d 21); Prince v. Thompson, 215 Ga. 860 (113 SE2d 772).

There being no basis for the jurisdiction of this court, the appeal must be

Transferred to the Court of Appeals.

All the Justices concur. *279 Paul F. Oliver, for appellant. Nat Hancock, District Attorney, for appellee.

Free access — add to your briefcase to read the full text and ask questions with AI

Grice, Justice.

This court’s jurisdiction of this appeal from a judgment of conviction and sentence for possessing an unlawful amount of tax-paid liquor is predicated upon constitutional questions being involved. Such contention is based on the defendant’s oral motion to quash the indictment on the ground that Code Ann. § 58-1077, under which the defendant was indicted, is unconstitutional. However, besides being oral, such motion did not state what constitutional provisions such statute was alleged to violate, and thus raised no constitutional question for this court’s jurisdiction. Lanier v. Buttles, 212 Ga. 154 (91 SE2d 21); Prince v. Thompson, 215 Ga. 860 (113 SE2d 772).

There being no basis for the jurisdiction of this court, the appeal must be

Transferred to the Court of Appeals.

All the Justices concur. *279 Paul F. Oliver, for appellant. Nat Hancock, District Attorney, for appellee.

Cite This Page — Counsel Stack

Bluebook (online)

174 S.E.2d 420, 226 Ga. 278, 1970 Ga. LEXIS 504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waters-v-state-ga-1970.

Opinion

Related

Cite This Page — Counsel Stack