Tant v. State

This case graphically illustrates the malfunction of our present system of two separate appellate courts having jurisdiction of criminal cases. The result has been confusing jurisdictional problems (which is the proper appellate court?), conflicting appellate court decisions and delay in and by the two courts.

As pointed out in Judge Deen’s dissent, the Supreme Court in its opinion in Graham v. State, 150 Ga. 411, 412 (104 SE 248) stated that "the act of taking whiskey [marijuana] from the hand of another” for the purpose of drinking (smoking) the whiskey (marijuana) "is merely incident to the…