Stone v. State

Decided May 13, 1947

Supreme Court of Georgia · decided 1947-05-13

Key passage — most relied on by later courts

“A question as to the constitutionality of a law cannot be raised for the first time in a motion for a new trial, where it was not made either by demurrer to the pleadings or by objections to evidence, or in some other appropriate way pending the trial.”

quoted by 1 later decision, including Flynt v. Dumas

Relies on Hendry v. State · Glenn v. State · Savannah Electric Co. v. Thomas

Good law ✅— No negative treatment on recordhow we know

Decided 1947-05-13

How this case has been cited

Cited by 12 later decisions (2 by the Supreme Court) — most recently September 1980

10 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Atkinson, Justice.

¶1 (After stating the foregoing facts.) “A question as to the constitutionality of a law can not be raised for the first time in a motion for a new trial, where it was not made either by demurrer to the pleadings or by objections to evidence, or in some other appropriate way pending the trial.” Hendry v. State, 147 Ga. 260 (8) (93 S. E. 413); Starling v. State, 149 Ga. 172 (99 S. E. 619).

¶2 Under the ruling quoted above, no constitutional question is properly made, and the case is not, otherwise, one of which the Supreme Court has jurisdiction. Accordingly, direction is given that it be transferred to the Court of Appeals, which has jurisdiction to determine it. Savannah Electric Co. v. Thomas, 154 Ga. 258 (113 S. E. 806); Western & Atlantic R. v. Michael, 172 Ga. 561 (158 S. E. 426); Moore v. State, 194 Ga. 672 (22 S. E. 2d, 510).

¶3 Transferred to the Court of Appeals.

All th e Justices- concur.