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Schmid v. State

Supreme Court of Georgia
Jan 26, 1970
226 Ga. 70 (Ga. 1970)





Disbarment. Jackson Superior Court. Before Judge Dunahoo.

Margaret Hopkins, James R. Venable, Wesley R. Asinof, for appellant.

Nat Hancock, District Attorney, John A. Darsey, for appellee.

The appeal in this case is from a judgment disbarring the appellant from the practice of law in this State. In his motion to dismiss he attacks the constitutionality of Code § 9-501 (1), which authorizes disbarment upon conviction of a crime involving moral turpitude and makes evidence of such conviction conclusive, thus depriving him of the right to defend himself. While he enumerates the denial of this motion as error, the constitutional question made therein was not argued orally or by brief. Under numerous decisions of this court, the ground will be considered as abandoned. Hefner v. Hall, 223 Ga. 148 (3) ( 154 S.E.2d 197); Abrams v. State, 223 Ga. 216 (6) ( 154 S.E.2d 443); Talley v. Sun Finance Co., 223 Ga. 419 (3) ( 156 S.E.2d 55); Green v. State, 223 Ga. 611 (5) ( 157 S.E.2d 257); James v. State, 223 Ga. 677 (12) ( 157 S.E.2d 471). The mere recital in the brief of the existence of the assignment of error, without argument or citation of authorities in its support, is insufficient to save it from being treated as abandoned. Henderson v. Lott, 163 Ga. 326 (2) ( 136 S.E. 403); J. Kuniansky, Inc. v. Ware, 192 Ga. 488 ( 15 S.E.2d 783); Head v. Lee, 203 Ga. 191, 201 (5) ( 45 S.E.2d 666).

With the constitutional question eliminated from the case, this court is without jurisdiction, as the sole question remaining is one of which the Court of Appeals, and not this court, has jurisdiction.

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


Summaries of

Schmid v. State

Supreme Court of Georgia
Jan 26, 1970
226 Ga. 70 (Ga. 1970)
Case details for

Schmid v. State

Case Details

Full title:SCHMID v. THE STATE

Court:Supreme Court of Georgia

Date published: Jan 26, 1970


226 Ga. 70 (Ga. 1970)
172 S.E.2d 616

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