Sneed v. State

1. This court is without constitutional authority to determine the constitutionality of a statute as being null and void unless such question has been decided by the Supreme Court in an issue involving the same question.

2. The plea to the effect that the former judgment of the court was a final determination of the case is without merit, under the record.

3. The judge of the superior court on a hearing of the certiorari did not err in remanding the case for a new trial instead of entering a final judgment determining the case.

DECIDED JANUARY 31, 1945. REHEARING DENIED FEBRUARY 13, 1945.

The…