Mack v. State

Full title: MACK v. THE STATE

Court: Court of Appeals of Georgia

Date published: Sep 16, 1968

164 S.E.2d 241 (Ga. Ct. App. 1968)

164 S.E.2d 241

Opinion

43825.

SUBMITTED SEPTEMBER 5, 1968.

DECIDED SEPTEMBER 16, 1968. REHEARING DENIED OCTOBER 2, 1968.

Gambling. Savannah City Court. Before Judge Oliver.

Kravitch Hendrix, Aaron Kravitch, for appellant.

Andrew J. Ryan, Jr., Solicitor, Tom A. Edenfield, for appellee.

HALL, Judge.

Appellant was convicted on two accusations (1) for operating and maintaining a gambling game, and (2) for unlawfully carrying a pistol. He appealed to this court solely on the grounds that both criminal statutes under which he was convicted are unconstitutional. For this reason the appeal was transferred to the Supreme Court which held that the appellant failed in his attempt to raise these constitutional issues. Mack v. State, 224 Ga. 352 ( 161 S.E.2d 874). However, instead of affirming the judgment, the Supreme Court returned the case to this court. There being nothing left for this court to rule upon, we affirm.

Judgment affirmed. Bell, P. J., and Quillian, J., concur.

SUBMITTED SEPTEMBER 5, 1968 — DECIDED SEPTEMBER 16, 1968 — REHEARING DENIED OCTOBER 2, 1968 — CERT. APPLIED FOR.