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220 Ga. 31

136 S.E.2d 755

Mallard v. State

Supreme Court of Georgia

Decided May 7, 1964

Supreme Court of Georgia · decided 1964-05-07

Relies on Morgan v. Todd · Bowen v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1964-05-07

How this case has been cited

Cited by 19 later decisions — most recently December 1995

1 federal appellate · 1 district · 17 state decisions

701964197019801990decided

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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Almand, Justice.

¶1 The sole assignment of error is that the court erred in overruling the defendant’s special plea in bar. In the material portions of the plea it is alleged that “Georgia Code Section 68-1625” is unconstitutional because it violates enumerated provisions of the Georgia Constitution and the United States Constitution. Held:

¶2 This attempt to attack the constitutionality of Code § 68-1625 is futile since there is no such section in the official Code of 1933. Accordingly the court did not err in overruling the special plea in bar. See Bowen v. State, 215 Ga. 471 (111 SE2d 44); Morgan v. Todd, 214 Ga. 497 (106 SE2d 37).

¶3 Judgment affirmed.

All the Justices concur.
/220/ga/31 · .json · Public domain