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Waters v. State

Supreme Court of Georgia
Apr 9, 1970
174 S.E.2d 420 (Ga. 1970)

Opinion

25705.

SUBMITTED MARCH 9, 1970.

DECIDED APRIL 9, 1970.

Possessing unlawful amount of liquor. Jackson Superior Court. Before Judge Dunahoo.

Paul F. Oliver, for appellant.

Nat Hancock, District Attorney, for appellee.


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. Suttles, 212 Ga. 154 ( 91 S.E.2d 21); Prince v. Thompson, 215 Ga. 860 ( 113 S.E.2d 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.

SUBMITTED MARCH 9, 1970 — DECIDED APRIL 9, 1970.


Summaries of

Waters v. State

Supreme Court of Georgia
Apr 9, 1970
174 S.E.2d 420 (Ga. 1970)
Case details for

Waters v. State

Case Details

Full title:WATERS v. THE STATE

Court:Supreme Court of Georgia

Date published: Apr 9, 1970

Citations

174 S.E.2d 420 (Ga. 1970)
174 S.E.2d 420

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