Cunningham v. State
Supreme Court of Georgia
The Court of Appeals has certified to this court for decision the following question: Is the act approved December 20, 1898, entitled “An act to amend section 341 of the Penal Code of Georgia, by inserting immediately after the word ‘any’ in the third line and before the word ‘pistol’ the following words: ‘kind of metal knucks,’” unconstitutional, in this, that said act violates paragraph 17 of section 7 of article 3 of the constitution of Georgia, because it undertakes to…
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The Court of Appeals has certified to this court for decision the following question: Is the act approved December 20, 1898, entitled “An act to amend section 341 of the Penal Code of Georgia, by inserting immediately after the word ‘any’ in the third line and before the word ‘pistol’ the following words: ‘kind of metal knucks,’” unconstitutional, in this, that said act violates paragraph 17 of section 7 of article 3 of the constitution of Georgia, because it undertakes to amend section 341 of the Penal Code by mere reference to the number of the section, and does not distinctly describe the…
1Opinion of the CourtCobb, P. J.
(After stating the facts.) The constitution declares: “No law, or section of the Code, shall be amended or repealed by mere reference to its title, or to the number of the section of the Code, but the amending or repealing act shall distinctly describe the law to be amended or repealed, as well as the alteration to be made.” Civil Code, §5779. It has been held, in numerous cases, that it was not necessary, under this provision of the constitution, that the act to be amended or repealed should be copied in its entirety in the amending or repealing act; in other words, that the constitution…
2Cases cited6 opinions
- Gilbert v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1898
- Fullington v. WilliamsSupreme Court of Georgia · 1896
- Adam v. WrightSupreme Court of Georgia · 1890
- Newman v. StateSupreme Court of Georgia · 1897
- Puckett v. YoungSupreme Court of Georgia · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Morris v. City Council of AugustaSupreme Court of Georgia · 1946
- Walden v. WaldenSupreme Court of Georgia · 1940
- Tison v. City of DoerunSupreme Court of Georgia · 1923
- State Highway Dept. of Ga. v. BassSupreme Court of Georgia · 1944
- Ragans v. RagansSupreme Court of Georgia · 1946
4 more not listed; retrieve them via the Exa API.