Shivers v. State

Weltner, Justice.

Ronald Mickey Shivers was convicted by a jury of homicide by vehicle, serious injury by vehicle, and leaving the scene of an accident. He was sentenced to a term of years.

1. (a) Shivers complains that OCGA § 40-6-391 (a) (4), when considered in conjunction with OCGA § 40-6-Í392 (b) (3) and (4), is unconstitutional by reason of overbreadth.(b) In Gunn v. State, 244 Ga. 51 (2) (257 SE2d 538) (1979), we stated:

A constitutional attack on a criminal statute of this state cannot be raised for the first time in a motion for new trial. Corbin v. State, 212 Ga. 231, 233 (7a) (91 SE2d…