State v. Collins

OPINION

PONES, Chief Justice.

The primary issue in this case is the authority of a trial judge to pass upon the constitutionality of a Legislative Act, where its validity or invalidity affects the charge to be given the jury in the trial of a criminal case.

Respondent was convicted of rape and sentenced to imprisonment in the penitentiary for twenty (20) years. His codefend-ant was also found guilty of rape and sentence to ten (10) years. Both appealed to the Court of Criminal Appeals. The majority of a panel of that Court affirmed the judgment as to the co-defendant and the judgment as to…