Nowicki v. State

Full title: NOWICKI v. THE STATE

Court: Court of Appeals of Georgia

Date published: Nov 7, 1978

251 S.E.2d 840 (Ga. Ct. App. 1978)

251 S.E.2d 840

Opinion

56773.

ARGUED OCTOBER 12, 1978.

DECIDED NOVEMBER 7, 1978. REHEARING DENIED NOVEMBER 28, 1978.

Motor vehicle theft. Dooly Superior Court. Before Judge Gregory.

Byrd Anthony, Lovick P. Anthony, Jr., for appellant.

D. E. Turk, District Attorney, Gary C. Christy, Assistant District Attorney, for appellee.

BIRDSONG, Judge.

Nowicki appeals his conviction of motor vehicle theft, a violation of Code Ann. § 26-1813. Appellant's sole contention is that the definitional section of Code Ann. § 26-1812, defining "motor vehicle," refers to a now-repealed legislative enactment (Ga. L. 1953, Nov.-Dec. Sess., p. 566), and is therefore lacking a constitutionally sufficient description of "motor vehicle." This contention has been decided adversely to appellant by the decision of this court in Dismuke v. State, 142 Ga. App. 381 (3) ( 236 S.E.2d 12). Appellant's sole enumeration of error is without merit.

Judgment affirmed. Bell, C. J., and Shulman, J., concur.

ARGUED OCTOBER 12, 1978 — DECIDED NOVEMBER 7, 1978 — REHEARING DENIED NOVEMBER 28, 1978 — CERT. APPLIED FOR.