Cooper v. State
| Decision Date | 24 September 1970 |
| Docket Number | 25980,Nos. 25979,s. 25979 |
| Citation | 226 Ga. 722,177 S.E.2d 228 |
| Parties | Franklin D. COOPER v. The STATE. Janice Veal COOPER v. The STATE. |
| Court | Georgia Supreme Court |
Edward T. Hughes, Camilla, for appellants.
A. Wallace Cato, Dist. Atty., Bainbridge, for appellee.
Syllabus Opinion by the Court
The defendants were indicted for refusing to deliver revoked operators' licenses to the Department of Public Safety. Demurrers to such indictments were filed, overruled and the questions raised thereby certified for immediate review. The sole questions raised by such demurrers which could give this court jurisdiction of the appeals relate to attacks on sections of the annotated Code. Though referred to as attacks on Code sections, they must be deemed to refer to the annotated Code since no such sections appear in the official Code. Held:
'This court has repeatedly held that an attack upon a section of the annotated Code which has been incorporated in the Code since the adoption of the Code of 1933 is not an attack upon the constitutionality of any law.' Adams v. Ray, 215 Ga. 656, 660, 113 S.E.2d 100, 103. See also Widemon v. Burson, 224 Ga. 665, 164 S.E.2d 128, and citations. The sole question which would have placed jurisdiction of the appeals in this court, not having been properly raised in the trial court, the appeals are ones in the jurisdiction of the Court of Appeals and are accordingly transferred to that court.
Transferred to the Court of Appeals.
All the Justices concur.
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Grantham v. State
...because it referred to the Code Annotated rather than to the official Code of 1933. The Court of Appeals cited Cooper v. State, 226 Ga. 722, 177 S.E.2d 228 (1970); Widemon v. Burson, 224 Ga. 665, 164 S.E.2d 128 (1968) and Cox v. Burson, 226 Ga. 13(2), 172 S.E.2d 406 (1968). Years ago it was......
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Grantham v. State
...26-2610." Widemon v. Burson, 224 Ga. 665, 164 S.E.2d 128 (1968); Cox v. Burson, 226 Ga. 13(2), 172 S.E.2d 406 (1970); Cooper v. State, 226 Ga. 722, 177 S.E.2d 228 (1970). 3. Grantham's complaint that there are no standards to be applied in determining just which words would be obscene and v......
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