Moore v. State

Bell, Chief Judge.

Defendants were jointly indicted, tried and convicted of fraudulently receiving food stamps of a value in excess of $500 in violation of Code Ann. § 99-9904. Defendant Nettles filed a separate notice of appeal in Case No. 56243. Held:

1. Defendants raised an issue concerning the constitutionality of Code Ann. § 99-9904. In Case No. 56242, this question was raised for the first time in this court. Constitutional questions cannot be considered on appeal unless the issue was raised and ruled on in the trial court. Herrin v. Graham, 209 Ga. 281 (71 SE2d 550). In Case No. 56243,…