Prather v. State

Full title: PRATHER v. THE STATE

Court: Supreme Court of Georgia

Date published: Jun 22, 1967

155 S.E.2d 862 (Ga. 1967)

155 S.E.2d 862

Opinion

24135.

SUBMITTED JUNE 13, 1967.

DECIDED JUNE 22, 1967.

Receiving stolen goods. Fulton Superior Court. Before Judge Boykin, Emeritus.

Howard Moore, Jr., for appellant. Lewis R. Slaton, Solicitor General, J. Walter LeCraw, Paul Ginsberg, Amber W. Anderson, for appellee.

DUCKWORTH, Chief Justice.

The constitutional attack upon Code § 26-2603, as amended (Ga. L. 1963, p. 295; 1965, p. 295; 1965, p. 504; 1966, pp. 555, 556) which would give this court jurisdiction of this appeal is no longer in the case upon the acquittal of the accused of this crime; hence this case must be transferred to the Court of Appeals since it no longer involves a question of the constitutionality of a statute but only the question of application of criminal procedures and related issues not involving a capital felony. Dixon v. State, 207 Ga. 192 ( 60 S.E.2d 439); Robinson v. State, 209 Ga. 48 ( 70 S.E.2d 514); Giles v. State, 212 Ga. 465 ( 93 S.E.2d 739); Waller v. Conner, 218 Ga. 633 ( 129 S.E.2d 845).

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

SUBMITTED JUNE 13, 1967 — DECIDED JUNE 22, 1967.