Sumlin v. State

Carley, Presiding Judge.

Appellant was tried before a jury and found guilty of armed rob bery. He appeals from the judgment of conviction and sentence entered by the trial court on the jury’s guilty verdict.

1. Appellant urges the unconstitutionality of OCGA § 16-8-41 (a), the statute which defines the crime of armed robbery. Accordingly, the first issue for resolution is whether it is this court or the Supreme Court which has jurisdiction over the instant appeal.

A review of the record shows that an attack on the constitutionality of the statute was neither made nor ruled upon below. “It is…