Opinion
S91A1358.
DECIDED NOVEMBER 7, 1991. RECONSIDERATION DENIED DECEMBER 4, 1991.
Homicide by vehicle, etc. Cobb Superior Court. Before Judge White.
Darryl B. Cohen Associates, Marsha L. Sutherland, for appellant.
Thomas J. Charron, District Attorney, Nancy I. Jordan, Debra H. Bernes, Charles M. Norman, Assistant District Attorneys, for appellee.
Ronald Mickey Shivers was convicted by a jury of homicide by vehicle, serious injury by vehicle, and leaving the scene of an accident. He was sentenced to a term of years.
1. (a) Shivers complains that OCGA § 40-6-391 (a) (4), when considered in conjunction with OCGA § 40-6-392 (b) (3) and (4), is unconstitutional by reason of overbreadth.
(b) In Gunn v. State, 244 Ga. 51 (2) ( 257 S.E.2d 538) (1979), we stated:
A constitutional attack on a criminal statute of this state cannot be raised for the first time in a motion for new trial. Corbin v. State, 212 Ga. 231, 233 (7a) ( 91 S.E.2d 764) (1956). See also Thrall v. State, 226 Ga. 308 ( 174 S.E.2d 925) (1970).
That circumstance pertaining here, we decline to address this contention.
2. The remaining issues raised by Shivers relate to the admission of evidence. We conclude that each of these contentions is without merit.
Judgment affirmed. All the Justices concur.