Supreme Court of Georgia, 1923

Jackson v. State

Jackson v. State
Supreme Court of Georgia · Decided October 12, 1923 · Beck, Russell
156 Ga. 647; 119 S.E. 525; 1923 Ga. LEXIS 296

Jackson v. State

Opinion of the Court

Beck, P. J.

1. The evidence was sufficient to authorize the verdict.

2. The question as to the admissibility of the evidence which the movant contends was obtained by illegal search and seizure, and therefore objectionable as being in violation of certain provisions of the State and Federal constitutions, has been settled by rulings of this court. See the cases of Kennemer v. State, 154 Ga. 139 (113 S. E. 551); Calhoun v. State, 144 Ga. 679 (87 S. E. 893), and cases there cited.

3. The request to review the cases of Kennemer v. State and Calhoun v. State, supra, was granted; but upon review this court declines to overrule those cases. Lester v. State, 155 Ga. 882 (118 S. E. 674).

Judment affirmed.

All the Justices concur.

Concurring Opinion

Russell, C. J.,

specially concurring. I agree to the judgment of affirmance because, juridically, I am bound. Personally, I think the eases of Calhoun v. State, Kennemer v. State, and Lester v. State, and cases cited in those decisions, should be reviewed, and the decision of the Supreme Court of the United States should be followed as the law of highest authority under the constitution of Georgia.

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