Middleton v. State

Duckworth, Chief Justice.

1. The decision in Clark v. State, ante, controls adversely to these plaintiffs in error, the exception to the judgment sustaining the constitutionality of Ga. L. 1960, p. 142 (Code Ann. § 26-3005) as against the demurrer which contended that the law offended the Fourteenth Amendment.

2. There is no brief of evidence in this record, and since the merits of the general grounds of the motion for new trial and *685motion to acquit can be determined only by weighing the evidence, it follows that, as to these grounds, the judgment overruling them must be affirmed. Jones v. Gate…