Opinion
19577.
SUBMITTED JANUARY 14, 1957.
DECIDED FEBRUARY 11, 1957.
Petition to correct sentences. Before Judge Foster. Haralson Superior Court. October 17, 1956.
D. B. Howe, Harold L. Murphy, for plaintiff in error. Robert J. Noland, Solicitor-General, James I. Parker, Assistant Solicitor-General, contra.
The bill of exceptions recites that the cause is brought to this court because it "involves a constitutional question." If any decision is required on a constitutional question, as alleged, it would involve only the application in a general sense of an unquestioned and unambiguous provision of the Constitution to a given state of facts. The Court of Appeals, and not the Supreme Court, therefore, has jurisdiction of the writ of error. Giles v. State, 212 Ga. 465 ( 93 S.E.2d 739), and citations.
Transferred to the Court of Appeals. All the Justices concur.
SUBMITTED JANUARY 14, 1957 — DECIDED FEBRUARY 11, 1957.
Robert J. Noland, as solicitor-general, filed a petition against James Martin White, and in substance alleged: At the January term, 1956, White entered pleas of guilty to two indictments for public drunkenness, whereupon the court pronounced oral sentences. The written sentences were prepared and signed on January 20, 1956. They do not conform to the oral pronouncements and "were in error." The error in preparing the sentences was a clerical error on the part of the petitioner and the clerk of the superior court. The prayers were that the sentences be corrected so as to conform to the oral pronouncements, that the defendant be served with a copy of the petition, and that he show cause why the sentences should not be corrected.
The defendant filed a response denying the material allegations of the petition, and alleging that the sentences had expired, and that a changing or modification of the sentences would violate his constitutional rights as set forth in art. 1, sec. 1, par. 8 (Code, Ann., § 2-108) of the Constitution of 1945.
At the conclusion of the hearing the court passed an order purporting to correct the sentences as prayed. The exception is to that judgment.