Gunn v. State, 34842
| Decision Date | 17 July 1979 |
| Docket Number | No. 34842,34842 |
| Citation | 244 Ga. 51,257 S.E.2d 538 |
| Parties | GUNN v. STATE. |
| Court | Georgia Supreme Court |
James T. Irvin, Toccoa, for appellant.
V. D. Stockton, Dist. Atty., Micheal H. Crawford, Asst. Dist. Atty., Arthur K. Bolton, Atty. Gen., William B. Hill, Jr., Asst. Atty. Gen., for appellee.
Appellant was indicted in Stephens County along with Bleckley O'Bryn Morris and Glenda Garner for the offense of armed robbery. Upon conviction he filed a motion for new trial in the lower court which was overruled and he now appeals to this court.
1. He complains that the trial court erred in denying his motion to suppress an alleged confession made by him. In the course of the trial, the court conducted a Jackson v. Denno hearing in which the court concluded that his confession was freely and voluntarily given. There being ample evidence presented in the trial court to support its determination, it will not be disturbed on appeal.
2. Appellant complained for the first time in his motion for new trial that Code Ann. § 26-1902 (), is unconstitutional in that such law violates provisions of Art. I, Sec. II, Par. IV and Art. I, Sec. I, Par. XIV of the Constitution of Georgia of 1976, and the Eighth Amendment of the United States Constitution. A constitutional attack on a criminal statute of this state cannot be raised for the first time in a motion for new trial. Corbin v. State, 212 Ga. 231, 233(7a), 91 S.E.2d 764 (1956). See also Thrall v. State, 226 Ga. 308, 174 S.E.2d 925 (1970).
Irrespective of the procedural deficiencies in appellant's case, the statute in question does not violate the cited constitutional provisions for any of the reasons argued. Knight v. State, 243 Ga. 770, 257 S.E.2d 182 (1979).
Judgment affirmed.
All the Justices concur.
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