Alexander v. State
| Decision Date | 29 September 1977 |
| Docket Number | No. 32615,32615 |
| Citation | 239 S.E.2d 18,239 Ga. 810 |
| Parties | Billy ALEXANDER v. The STATE. |
| Court | Georgia Supreme Court |
Black & Black, Eugene C. Black, Jr., Albany, for appellant.
A. Wallace Cato, Dist. Atty., Bainbridge, for appellee.
Arthur K. Bolton, Atty. Gen., Harrison Kohler, Asst. Atty. Gen., Atlanta, for amicus curiae.
Appellant was arrested for selling marijuana and charged with the violation of Code Ann. § 79A-811(j). Subsequent to arrest, an attorney was appointed to represent him. Appellant waived indictment and upon arraignment pled guilty as charged. The court accepted the appellant's plea and sentenced him to a term of five years; one to be served and the balance probated. It is from this conviction and sentence that appellant files this appeal, raising for the first time the constitutionality of Code Ann. §§ 79A-811(j) and 79A-9917.
It is well settled that Thornton v. State, 234 Ga. 480, 216 S.E.2d 330 (1975).
We have thoroughly read the record in the present case, and it is clear that the constitutionality of Code Ann. §§ 79A-811(j) and 79A-9917 was not raised by the parties in the trial court, nor was it the subject matter of a ruling by the trial judge. For these reasons, the constitutionality of these statutes cannot now be attacked for the first time on appeal.
Judgment affirmed.
All the Justices concur.
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I.B., In Interest of
...issue raised was the legal validity of the trial court's ruling, and it transferred the appeal to this court, citing Alexander v. State, 239 Ga. 810, 239 S.E.2d 18 (1977). In that case, which did not result in transfer, the Supreme Court refused to rule on the constitutionality of two statu......
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Fair v. State
...the trial judge." In re Boult, 227 Ga. 564, 564, 181 S.E.2d 821 (1971) (citation and punctuation omitted). See also Alexander v. State, 239 Ga. 810, 810, 239 S.E.2d 18 (1977). Therefore, while noting that there was no constitutional issue before us, Fair, 284 Ga. at 169(2)(b), 664 S.E.2d 22......
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Pimper v. State ex rel. Simpson
...Law Dictionary, p. 909 (5th ed.1979); see Brown v. Spann, 271 Ga. 495, 496, 520 S.E.2d 909 (1999). 14. Id. 15. Alexander v. State, 239 Ga. 810, 239 S.E.2d 18 (1977) (The Supreme Court will not pass upon the constitutionality of a statute unless it clearly appears that the point was properly......
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Cochran v. State
...there is no indication that the constitutionality of either of these statutes was considered in the trial court. See Alexander v. State, 239 Ga. 810, 239 S.E.2d 18 (1977) and cits. In the second place, no official citation to the statutes has been provided. It has repeatedly been held that ......