Edwards v. State, 24843

Decision Date24 September 1968
Docket NumberNo. 24843,24843
PartiesHorace EDWARDS v. The STATE.
CourtGeorgia Supreme Court

John R. Calhoun, Savannah, for appellant.

Andrew J. Ryan, Jr., Sol. Gen., Robert E. Barker, Savannah, Arthur K. Bolton, Atty. Gen., Marion O. Gordon Asst. Atty. Gen., William R. Childers, Deputy Asst. Atty. Gen., Atlanta, for appellee.

Syllabus Opinion by the Court

ALMAND, Presiding Justice.

The appellant in this case was convicted of robbery by intimidation which under Code Ann. § 26-2503 (Ga.L.1957, pp. 261, 263) is not a capital felony, and there is no other question raised in the case over which this court has exclusive jurisdiction under Art. VI, Sec. II, Par. IV of the Georgia Constitution (Code Ann. § 2-3704). This court has no jurisdiction to review this case. Ward v. state, 199 Ga. 722, 35 S.E.2d 150; Meriwether v. State, 189 Ga. 746, 8 S.E.2d 72.

It is therefore,

Transferred to the Court of Appeals.

All the Justices concur.

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3 cases
  • Jones v. State
    • United States
    • Georgia Supreme Court
    • July 1, 1980
    ...II, Par. IV of the Georgia Constitution (Code Ann. § 2-3104), this court has no jurisdiction to review the conviction. Edwards v. State, 224 Ga. 616, 163 S.E.2d 823 (1968). Inasmuch as there was no consolidation of the aggravated assault case with the murder case, the two cases being tried ......
  • Geter v. State, 25563
    • United States
    • Georgia Supreme Court
    • March 17, 1970
    ...an offensive weapon' (a capital offense), rather than merely 'robbery by intimidation,' which is not a capital offense. Edwards v. State, 224 Ga. 616, 163 S.E.2d 823. It should be too obvious to require citation of authority that where, as here, a statute defining an offense contains variou......
  • Smith v. Strozier, 25709
    • United States
    • Georgia Supreme Court
    • April 9, 1970
    ...since the sentence imposed was within the statutory limits of punishment for that grade, which is not a capital offense (Edwards v. State, 224 Ga. 616, 163 S.E.2d 823), rather than those for robbery by force (death or life imprisonment), in which latter event the sentence under which appell......

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