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Harris v. State

Court of Appeals of Georgia
Feb 5, 1981
157 Ga. App. 367 (Ga. Ct. App. 1981)

Opinion

59506.

DECIDED FEBRUARY 5, 1981.

Drug violation. Fulton Superior Court. Before Judge Alverson.

Guy E. Davis, Jr., for appellant.

Lewis R. Slaton, District Attorney, Joseph J. Drolet, Assistant District Attorney, for appellant.


The opinion of this court in Harris v. State, 155 Ga. App. 278 ( 270 S.E.2d 854) (1980) was reversed by the Supreme Court on certiorari ( 246 Ga. 759 ( 272 S.E.2d 719) (1980)) and remanded to this court for such further action as may be necessary.

In our previous opinion we did not reach the merits of appellant's other enumeration of error in which she contended that Code § 27-205 was unconstitutional as being violative of the Fourth and Fourteenth Amendments to the United States Constitution. However, this appeal was initially filed in the Supreme Court of Georgia and by order transferred to this court for decision. Inasmuch as all cases involving the constitutionality of any state law are solely within the jurisdiction of our Supreme Court and this case was transferred here, we deem that court to have determined that the constitutional issue was not properly raised or was otherwise not before the court on appellate review.

The judgment of this court is vacated and the judgment of the trial court is affirmed.

Judgment affirmed. Quillian, C. J., Deen, P. J., McMurray, P. J., Shulman, P. J., Banke, Birdsong, Carley and Sognier, JJ., concur.


DECIDED FEBRUARY 5, 1981.


Summaries of

Harris v. State

Court of Appeals of Georgia
Feb 5, 1981
157 Ga. App. 367 (Ga. Ct. App. 1981)
Case details for

Harris v. State

Case Details

Full title:HARRIS v. THE STATE

Court:Court of Appeals of Georgia

Date published: Feb 5, 1981

Citations

157 Ga. App. 367 (Ga. Ct. App. 1981)
278 S.E.2d 52

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