Moore v. State

Full title: MOORE et al. v. THE STATE. NETTLES v. THE STATE

Court: Court of Appeals of Georgia

Date published: Oct 16, 1978

251 S.E.2d 17 (Ga. Ct. App. 1978)

251 S.E.2d 17

Opinion

56242, 56243.

SUBMITTED SEPTEMBER 18, 1978.

DECIDED OCTOBER 16, 1978. REHEARING DENIED NOVEMBER 7, 1978.

Fraudulently receiving food stamps. Fulton Superior Court. Before Judge Williams.

Garland, Nuckolls, Kadish, Cook Weisensee, Reuben A. Garland, Edward T. M. Garland, Mark J. Kadish, for appellants (Case No. 56242).

Reuben A. Garland, for appellant (Case No. 56243).

Lewis R. Slaton, District Attorney, Joseph J. Drolet, Wallace Speed, H. Allen Moye, Assistant District Attorneys, for appellee.

BELL, Chief Judge.

Defendants were jointly indicted, tried and convicted of fraudulently receiving food stamps of a value in excess of $500 in violation of Code Ann. § 99-9904. Defendant Nettles filed a separate notice of appeal in Case No. 56243. Held:

1. Defendants raised an issue concerning the constitutionality of Code Ann. § 99-9904. In Case No. 56242, this question was raised for the first time in this court. Constitutional questions cannot be considered on appeal unless the issue was raised and ruled on in the trial court. Herrin v. Graham, 209 Ga. 281 ( 71 S.E.2d 550). In Case No. 56243, the defendant raised the same constitutional question in her motion in arrest of judgment. Similarly a constitutional question raised in a motion in arrest of judgment presents nothing for consideration on appeal. Glover v. State, 217 Ga. 401 ( 122 S.E.2d 744).

2. The evidence authorized the defendants' conviction of the crime charged in the indictment.

Judgment affirmed. Shulman and Birdsong, JJ., concur.

SUBMITTED SEPTEMBER 18, 1978 — DECIDED OCTOBER 16, 1978 — REHEARING DENIED NOVEMBER 7, 1978 — CERT. APPLIED FOR.