Hood v. Rice

Full title: HOOD v. RICE et al

Court: Supreme Court of Georgia

Date published: May 22, 1969

225 Ga. 327 (Ga. 1969)

168 S.E.2d 150

Opinion

25205.

ARGUED MAY 13, 1969.

DECIDED MAY 22, 1969.

Complaint. Fulton Superior Court. Before Judge Pye.

G. Seals Aiken, for appellant.

J. Lee Perry, Assistant Attorney General, Latimer, Haddon Stanfield, A. C. Latimer, John C. Pennington, for appellees.

GRICE, Justice.

This court's jurisdiction to review the judgment complained of is predicated upon the drawing into question of the constitutionality of certain statutes of this state. However, the record shows that such issues were not passed upon by the trial judge. Therefore, this court is without jurisdiction. Ga. Const., Art. VI, See. II, Par. IV ( Code Ann. § 2-3704); Undercofler v. United States Steel Corp., 219 Ga. 264 ( 133 S.E.2d 11).

Transferred to the Court of Appeals. All the Justices concur.

ARGUED MAY 13, 1969 — DECIDED MAY 22, 1969.