Defendant was convicted at trial on armed robbery and other charges. He appealed to the Court of Appeals and alleged numerous errors, including an equal protection challenge to the constitutionality of OCGA 17-7-52. 1 The Court of Appeals transferred defendant's appeal to this Court.

This Court has exclusive appellate jurisdiction over all cases in which the constitutionality of a statute is called into question. 2 However, there is no basis for jurisdiction if an equal protection challenge to the constitutionality of a statute has been previously considered and rejected by this Court. 3 In Lewis v. State, 255 Ga. 101, 106 (335 SE2d 560) (1985), this Court rejected the identical challenge to OCGA 17-7-52, 4 citing the legitimate purpose of the statute in protecting certain public servants from harassing or frivolous charges before the grand jury. 5

As defendant's challenge to OCGA 17-7-52 provided the sole jurisdictional basis for this Court to hear this case at this time, and as that issue has been previously decided, we transfer this case to the Court of Appeals for review of the remainder of defendant's enumerations of error.