Sheard v. State, 44953

Decision Date09 April 1970
Docket NumberNo. 44953,No. 1,44953,1
Citation175 S.E.2d 148,121 Ga.App. 666
PartiesErnest L. SHEARD v. The STATE
CourtGeorgia Court of Appeals

C. B. King, Albany, for appellant.

Robert W. Reynolds, Dist. Atty., Albany, for appellee.

Syllabus Opinion by the Court

WHITMAN, Judge.

The sole enumeration of error in this appeal is that the trial court erred: '(I)n failing to sustain defendant's motion to quash accusation No. 12619 in which the said defendant was charged with violating § 26-6303, Georgia Code annotated. On grounds that said Code section is unconstitutional.'

The record shows that such a motion was made but it does not show that any ruling was ever invoked thereon, hence there is nothing for either this court or our Supreme Court to consider. Undercofler, Commr. v. United States Steel Corporation, 219 Ga. 264, 133 S.E.2d 11; Hood v. Rice, 225 Ga. 327, 168 S.E.2d 150.

Judgment affirmed.

BELL, C.J., and QUILLIAN, J., concur.

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4 cases
  • Northern Assur. Co. of America v. Thompson
    • United States
    • Georgia Court of Appeals
    • 9 Abril 1970
    ... ... an 'injury' within the definition of that term as developed by the appellate courts of this State and also as to whether the claimant's disability was properly job connected. Mallory v. American ... ...
  • Georgia Retail Ass'n v. Georgia Public Service Com'n
    • United States
    • Georgia Court of Appeals
    • 26 Enero 1983
    ...invoke a ruling from the superior court on the residential rate issue, there is nothing for the court to review. Sheard v. State, 121 Ga.App. 666(1), 175 S.E.2d 148 (1970); Hood v. Rice, 225 Ga. 327, 168 S.E.2d 150 In any event, in deciding that the rate increase should be allocated to the ......
  • Jordan v. Plott
    • United States
    • Georgia Court of Appeals
    • 14 Abril 1970
    ... ... face of the record or pleadings, and, as to the latter, the fact that the pleadings fail to state a claim upon which relief can be granted is not sufficient, but the pleadings must affirmatively ... ...
  • Dyer v. State, 66769
    • United States
    • Georgia Court of Appeals
    • 3 Enero 1984
    ...was ever invoked thereon, hence there is nothing for either this court or our Supreme Court to consider. [Cits.]" Sheard v. State, 121 Ga.App. 666, 175 S.E.2d 148 (1970). "When enumerations of error are unsupported by the record, no question for decision thereon is presented to this court o......

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