From Casetext: Smarter Legal Research

City of Atlanta v. McCary

Supreme Court of Georgia
Apr 8, 1980
266 S.E.2d 193 (Ga. 1980)

Opinion

36061.

SUBMITTED MARCH 21, 1980.

DECIDED APRIL 8, 1980.

Constitutionality of ordinance. Fulton Superior Court. Before Judge Eldridge.

Andrew J. Hairston, Paul L. Howard, Jr., for appellant.

Glenn Zell, for appellee.


McCary was convicted of "idling and loitering for the purposes of prostitution" contrary to the City of Atlanta Code § 17-2004. The Superior Court of Fulton County, on certiorari, reversed, holding (1) that subsections (c), (d), and (e) of Atlanta Code § 17-2004 under which McCary was convicted, were unconstitutional for lack of due process and equal protection, and (2) the evidence did not justify a rational trier of fact in finding guilt beyond a reasonable doubt. See Jackson v. Virginia 443 U.S. 307 ( 99 S.C. 2781, 61 L.Ed.2d 560) (1979). An appeal does not lie to this court at the instance of the City of Atlanta in a criminal case, where the defendant has been found not guilty. This precludes our addressing the constitutional issues. But see, Lambert v. City of Atlanta, 242 Ga. 645 ( 250 S.E.2d 456) (1978). Appeal dismissed. All the Justices concur.

Lambert was reversed on other grounds but see Ga. L. 1979, p. 131 (Code Ann. § 26-2023), "Nothing contained in Code Chapter 26-20, relating to sexual offenses, shall prevent any county or municipality from adopting ordinances which proscribe loitering, or related activities, in public for the purpose of procuring others to engage in any sexual acts for hire." See also Akin v. Hardison, 245 Ga. 57 (1980).


SUBMITTED MARCH 21, 1980 — DECIDED APRIL 8, 1980.


Summaries of

City of Atlanta v. McCary

Supreme Court of Georgia
Apr 8, 1980
266 S.E.2d 193 (Ga. 1980)
Case details for

City of Atlanta v. McCary

Case Details

Full title:CITY OF ATLANTA v. McCARY

Court:Supreme Court of Georgia

Date published: Apr 8, 1980

Citations

266 S.E.2d 193 (Ga. 1980)
266 S.E.2d 193

Citing Cases

State v. Morrell

See Titelman v. Stedman, 277 Ga. 460 ( 591 SE2d 774) (2003). As the majority correctly notes, when the…