Kent v. State

Stolz, Judge.

Does the State Court of Clarke County have jurisdiction to try a person charged in an accusation with the offense of "Possession of Marihuana”?

The resolution of this question lies on the face of the accusation itself. "Possession of Marihuana” is a felony. As such, the State Court of Clark County could not have jurisdiction to try a person so charged.

The Supreme Court of Georgia, in its recent decision in Fowler v. State, 229 Ga. 884 (194 SE2d 923), indicated that while jurisdiction of a felony is vested in the superior court, the punishment may, under certain conditions, be…