Dixon v. State, 17191
| Decision Date | 12 July 1950 |
| Docket Number | No. 17191,17191 |
| Citation | 207 Ga. 192,60 S.E.2d 439 |
| Parties | DIXON v. STATE. |
| Court | Georgia Supreme Court |
Casey Thigpen, J. D. Godfrey, Sandersville, for plaintiff in error.
J. Cecil Davis, Sol. Gen., Warrenton, for defendant in error.
Syllabus Opinion by the Court
Dixon was convicted of voluntary manslaughter and given a sentence of from eight to ten years. He thereafter filed a motion, praying that the judgment and sentence be set aside, alleging that the same were void because the verdict fixed no minimum or maximum sentence, and because the sentence was a nullity because the judge therein ordered the defendant imprisoned as ordered by the Prison Commission of Georgia, whereas there was no such Prison Commission, the same having been abolished prior to the indictment of the defendant. The motion alleged that the movant had been deprived of rights guaranteed to him by the due-process clauses of the State and Federal Constitutions, Const.1945 art. 1, § 1 par. 3; Const. U.S. Amend. 14. The trial judge sustained general demurrers filed to the motion by the solicitor general, and dismissed the motion. The movant excepted. In his bill of exceptions, it is stated: 'Supreme Court of Georgia has jurisdiction and not the Court of Appeals of Georgia, as this case is one which involves a construction of due-process clauses' of the State and Federal Constitutions. Held:
Jarvis v. State, 197 Ga. 704, 30 S.E.2d 484, 485, and cases there cited.
Transferred to the Court of Appeals.
All the Justices concur.
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