Legal Opinion
Woods v. State
Supreme Court of Georgia
Decided June 23, 1966No. 23543PublishedCited by 18 opinions
1Opinion of the Court
Duckworth, Chief Justice.
1. A question as to the constitutionality of a law cannot be raised for the first time in a motion for new trial but must be made at the first opportunity, either in pleadings, objections to evidence, or in some other appropriate way pending the trial. Boyers v. State, 198 Ga. 838, 843 (33 SE2d 251); Loomis v. State, 203 Ga. 394 (47 SE2d 58), and cases cited therein, at page 405. Accordingly, none of the constitutional attacks here sought to be raised are properly before the court, and all specifications of error complaining thereof are without merit.
2. Since the law…
2Cases cited20 opinions
- Swain v. AlabamaSupreme Court of the United States · 1965
- Brown v. AllenSupreme Court of the United States · 1953
- Smith v. TexasSupreme Court of the United States · 1941
- Avery v. GeorgiaSupreme Court of the United States · 1953
- Akins v. TexasSupreme Court of the United States · 1945
15 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Parker v. StateCourt of Appeals of Georgia · 1996
- Walker v. StateSupreme Court of Georgia · 1970
- Corvair Furniture Manufacturing Co. v. BullCourt of Appeals of Georgia · 1971
- Hardeman v. StateSupreme Court of Georgia · 2000
- Brackett v. StateSupreme Court of Georgia · 1971
13 more not listed; retrieve them via the Exa API.