MacK v. State

Duckworth, Chief Justice.

Neither of the offenses for which the appellant was convicted is a capital felony, nor was any demurrer filed and ruled upon which raised any constitutional question. The only mention of a question pertaining to the Constitution is in the enumeration of errors. The case involves no question for decision that lies within the jurisdiction of the Supreme Court (Code Ann. § 2-3704; Const, of 1945), but it is within the jurisdiction of the Court of Appeals. Code Ann. § 2-3708; Const, of 1945. Accordingly, the case is returned to the Court of Appeals.

Returned to the Court…