Grantham v. State

• Court: Georgia Supreme Court
• Writing for the Court: HALL; HALL
• Citation: Grantham v. State, 262 S.E.2d 777, 244 Ga. 775 (Ga. 1979)
• Decision Date: 26 November 1979
• Docket Number: No. 35728,35728
• Parties: GRANTHAM v. The STATE.

Page 777

262 S.E.2d 777

244 Ga. 775

GRANTHAM v. The STATE.

No. 35728.

Supreme Court of Georgia.

Nov. 26, 1979.

Ben B. Williams, Jr., Fitzgerald, for appellant.

Thomas H. Pittman, Tifton, for appellee.

HALL, Justice.

Certiorari is granted in this case (Grantham v. State, 151 Ga.App. 707, 261 S.E.2d 445 (1979)) to review an alternative holding that the petitioner's attack on the constitutionality of a Georgia Code section was inadequate 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 said: "Probably no phase of pleading in Georgia is fraught with more technicalities than . . . raising constitutional issues." Ga. Procedure and Practice 38, § 2-23 (1957 Ed.).

Under the Appellate Practice Act of 1965 (Code Ann. § 6-905), pleadings and procedure shall be liberally construed so as to bring about a decision on the merits. See Christiansen v. Robertson, 237 Ga. 711, 229 S.E.2d 472 (1976); Lambert v. City of Atlanta, 242 Ga. 645, 250 S.E.2d 456 (1979); Edmonds v. City of Albany, 242 Ga. 648, 250 S.E.2d 458 (1979). There is no requirement for citation to the official Code rather than to the Code Annotated, and the decisions of this court cited by the Court of Appeals are expressly overruled. See North Ga. Finishing, Inc. v. Di-Chem., Inc., 230 Ga. 623, 198 S.E.2d 284 (1973).

While we disapprove the procedural ruling of the Court of Appeals, the judgment is not thereby affected.

Judgment affirmed.

All the Justices concur.

HALL, Justice, concurring.

This is my final opinion after over eighteen years of service on the appellate courts of Georgia. They have, indeed, been wonderful years for me, and I will cherish them as long as I live.

I wish to thank the two Governors who appointed me to our two appellate courts and the people of Georgia who permitted me to serve in this state's judicial system.

During my thirteen years on the Court of Appeals I had the pleasure of serving with seventeen members of that court. During almost six years on the Supreme Court, I had the pleasure of serving with nine members of this court. I will always be grateful to these judges and justices for the kindness and assistance they extended to me during my tenure. I am also thankful for the conscientious work of my personal staff and the staffs of both courts who have served with me.

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