Legal Opinion

Smith v. State

Supreme Court of Georgia

Decided September 4, 1946No. 15540PublishedCited by 6 opinions

1Opinion of the Court

This case falls clearly within the recognized rule that the Court of Appeals and not the Supreme Court has jurisdiction of cases "which involve mere application of unquestioned and unambiguous provisions of the Constitution to a given state of facts." White v. State, 196 Ga. 847, 849 (27 S.E.2d 695), and cases cited. This case is therefore

Transferred to the Court of Appeals. All the Justicesconcur.

No. 15540. SEPTEMBER 4, 1946.

STATEMENT OF FACTS BY JENKINS, PRESIDING JUSTICE.

On a trial in the Criminal Court of Fulton County under an indictment for the alleged operation of a lottery, the…

2Cases cited1 opinion

  1. White v. State of GeorgiaSupreme Court of Georgia · 1943

3Cited by6 opinions

  1. Jackson v. StateSupreme Court of Georgia · 1948
  2. Atlanta-Asheville Motor Express Inc. v. SUPERIOR GARMENT MANUFACTURING COMPANYSupreme Court of Georgia · 1950
  3. Gaines v. StateSupreme Court of Georgia · 1949
  4. Woods v. StateSupreme Court of Georgia · 1967
  5. Glass v. StateSupreme Court of Georgia · 1964

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