Thornton v. State

Gunter, Justice.

This is an appeal from an interlocutory order of the Superior Court of Clayton County which denied appellant’s plea of "autrefois acquit” to a second prosecution for the misdemeanor of child abandonment. Code Ann. § 74-9902. Appellant argues on appeal that his plea in bar should have been sustained and that § 74-9902 is unconstitutional. The only issue ruled on and certified for review was the question of "autrefois acquit.” This court will not pass upon the constitutionality of a statute unless it clearly appears that the point was properly raised in the trial court and…