Cardell v. State

Full title: CARDELL v. THE STATE

Court: Supreme Court of Georgia

Date published: Jan 23, 1969

165 S.E.2d 842 (Ga. 1969)

165 S.E.2d 842

Opinion

25030.

ARGUED JANUARY 13, 1969.

DECIDED JANUARY 23, 1969.

Burglary. Spalding Superior Court. Before Judge McGehee.

Beck, Goddard, Owen Smalley, Robert H. Smalley, Jr., for appellant.

Andrew J. Whalen, Jr., Solicitor General, for appellee.

NICHOLS, Justice.

The defendant was indicted for and convicted of burglary which is not a capital offense which would place jurisdiction of the appeal in the Supreme Court. The enumerations of error neither place the constitutionality of any Act of the General Assembly in question, nor do they call for the construction of any provision of the Constitution of the State or of the United States, but merely call for the application of plain and unambiguous provisions of the Constitution of Georgia and of the United States to a given set of facts. No question being involved which places jurisdiction of the appeal in this court the case is one for the consideration of the Court of Appeals and it must, therefore, be transferred to that court. See Price v. State, 224 Ga. 306 ( 161 S.E.2d 825); Mack v. State, 224 Ga. 352 ( 161 S.E.2d 874); Jackson v. State, 203 Ga. 570 ( 47 S.E.2d 588), and citations.

Transferred to the Court of Appeals. All the Justices concur.

ARGUED JANUARY 13, 1969 — DECIDED JANUARY 23, 1969.