Harrold v. State
| Decision Date | 08 February 1962 |
| Docket Number | No. 21517,21517 |
| Parties | Jeremiah HARROLD v. The STATE. |
| Court | Georgia Supreme Court |
Al Jennings, Macon, for plaintiff in error.
Geo. D. Lawrence, Sol. Gen., Eatonton, Eugene Cook, Atty. Gen., for defendant in error.
Syllabus Opinion by the Court
This being a criminal case not involving a conviction of a capital felony and the alleged constitutional violations in refusing to allow the defendant be sworn as a witness and the refusal of the sheriff to allow counsel to see the accused, not amounting to attacks upon any law as being unconstitutional but merely involves application of the facts of the case to unquestioned and unambiguous provisions of the State and Federal Constitutions requiring no further construction by this court, the Court of Appeals and not the Supreme Court has jurisdiction of this writ of error. Code, Ann., §§ 2-3704, 2-3708 ; Dade County v. State of Georgia, 201 Ga. 241, 39 S.E.2d 473; Jackson v. State, 203 Ga. 570, 47 S.E.2d 588; Stanley v. Amos, 204 Ga. 652, 51 S.E.2d 395; Boyett v. State, 205 Ga. 370, 53 S.E.2d 919; Sellers v. State, 207 Ga. 249, 61 S.E.2d 145.
Transferred to the Court of Appeals.
All the Justices concur.
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Marchman v. State, 28687
...from the conviction of a capital felony, jurisdiction of the appeal is in the Court of Appeals and not the Supreme Court. Harrold v. State, 217 Ga. 612, 124 S.E.2d 73; Pollard v. State, 229 Ga. 698, 194 S.E.2d Transferred to the Court of Appeals. All the Justices concur. ...
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Harrold v. State, 39455
...were violated by the refusal to allow him to be sworn, no direct constitutional attack was made on Code § 38-415 (See Harrold v. State, 217 Ga. 612, 124 S.E.2d 73), and the record in this case discloses that the trial court accorded the defendant the right to have his counsel elicit his sta......
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Reid v. State, 24078
...and federal Constitution. Therefore, the jurisdiction of the appeal is in the Court of Appeals and not in this court. See Harold v. State, 217 Ga. 612, 124 S.E.2d 73; Glass v. State, 219 Ga. 565, 134 S.E.2d 813; Allen v. State, 219 Ga. 777, 135 S.E.2d 885; Blevins v. State, 113 Ga.App. 413,......
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Bobo v. State
...between an application and a construction of a constitutional provision), this court has jurisdiction of the instant case. Harrold v. State, 217 Ga. 612, 124 S.E.2d 73; Dade County v. State of Ga., 201 Ga. 241, 39 S.E.2d 473; Sellers v. State, 207 Ga. 249, 61 S.E.2d 145. The facts in the in......