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Lawskills.com Georgia Caselaw
PRATHER v. THE STATE.
24135.
DUCKWORTH, Chief Justice.
Receiving stolen goods. Fulton Superior Court. Before Judge Boykin, Emeritus.
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 SE2d 439); Robinson v. State, 209 Ga. 48 (70 SE2d 514); Giles v. State, 212 Ga. 465 (93 SE2d 739); Waller v. Conner, 218 Ga. 633 (129 SE2d 845).
Lewis R. Slaton, Solicitor General, J. Walter LeCraw, Paul Ginsberg, Amber W. Anderson, for appellee.
SUBMITTED JUNE 13, 1967 -- DECIDED JUNE 22, 1967.
Friday May 22 19:51 EDT


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