Sheard v. State

Full title: SHEARD v. THE STATE

Court: Court of Appeals of Georgia

Date published: Apr 9, 1970

175 S.E.2d 148 (Ga. Ct. App. 1970)

121 Ga. App. 666

Opinion

44953.

SUBMITTED JANUARY 5, 1970.

DECIDED APRIL 9, 1970.

Motion to quash. Dougherty Superior Court. Before Judge Kelley.

C. B. King, for appellant.

Robert W. Reynolds, District Attorney, for appellee.

WHITMAN, Judge.

The sole enumeration of error in this appeal is that the trial court erred: "[I]n failing to sustain defendant's motion to quash accusation No. 12619 in which the said defendant was charge with violating § 26-6303, Georgia Code annotated. On grounds that said Code section is unconstitutional."

The record shows that such a motion was made but it does not show that any ruling was ever invoked thereon, hence there is nothing for either this court or our Supreme Court to consider. Undercofler v. United States Steel Corp., 219 Ga. 264 ( 133 S.E.2d 11); Hood v. Rice, 225 Ga. 327 ( 168 S.E.2d 150).

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

SUBMITTED JANUARY 5, 1970 — DECIDED APRIL 9, 1970.