Supreme Court of Georgia, 1968

Mack v. State

Mack v. State
Supreme Court of Georgia · Decided May 23, 1968 · Duckworth
161 S.E.2d 874; 224 Ga. 352; 1968 Ga. LEXIS 768 (South Eastern Reporter, Second Series)
Mack v. State

Cases that cite this one

3 later published cases cite this decision.

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Opinion

Duckworth, Chief Justice.

Neither of the offenses for which the appellant was convicted is a capital felony, nor was any demurrer filed and ruled upon which raised any constitutional question. The only mention of a question pertaining to the Constitution is in the enumeration of errors. The case involves no question for decision that lies within the jurisdiction of the Supreme Court (Code Ann. § 2-3704; Const, of 1945), but it is within the jurisdiction of the Court of Appeals. Code Ann. § 2-3708; Const, of 1945. Accordingly, the case is returned to the Court of Appeals.

Returned to the Court of Appeals.

All the Justices concur.

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