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226 Ga. 278

174 S.E.2d 420

Waters v. State

Supreme Court of Georgia

Decided April 9, 1970

Supreme Court of Georgia · decided 1970-04-09

Cited by 4 later decisions — most recently March 1976

2 federal appellate · 2 state decisions

Relies on Lanier v. Suttles · Prince v. Thompson

Good law ✅— No negative treatment on recordhow we know

Decided 1970-04-09

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Grice, Justice.

¶1 This court’s jurisdiction of this appeal from a judgment of conviction and sentence for possessing an unlawful amount of tax-paid liquor is predicated upon constitutional questions being involved. Such contention is based on the defendant’s oral motion to quash the indictment on the ground that Code Ann. § 58-1077, under which the defendant was indicted, is unconstitutional. However, besides being oral, such motion did not state what constitutional provisions such statute was alleged to violate, and thus raised no constitutional question for this court’s jurisdiction. Lanier v. Buttles, 212 Ga. 154 (91 SE2d 21); Prince v. Thompson, 215 Ga. 860 (113 SE2d 772).

¶2 There being no basis for the jurisdiction of this court, the appeal must be

¶3 Transferred to the Court of Appeals.

All the Justices concur. *279 Paul F. Oliver, for appellant. Nat Hancock, District Attorney, for appellee.
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