Prather v. State

Duckworth, Chief Justice.

The constitutional attack upon Code § 26-2603, as amended (Ga. L. 1963, p. 295; 1965, p. 295; 1965, p. 504; 1966, pp. 555, 556) which would give this court jurisdiction of this appeal is no longer in the case upon the acquittal of the accused of this crime; hence this case must be transferred to the Court of Appeals since it no longer involves a question of the constitutionality of a statute but only the question of application of criminal procedures and related issues not involving a capital felony. Dixon v. State, 207 Ga. 192 (60 SE2d 439); Robinson v. State, 209…