Papp v. State

2 Citing cases

  1. Robinson v. State

    180 Ga. App. 43 (Ga. Ct. App. 1986)   Cited 17 times

    The fact that the drug statute was not then part of the Criminal Code as it is now, was of no significance even though Section 26-103 referred to "This Title." The policy of dealing with a criminal offense according to the law in effect when it was committed, instead of departing from this long-established tradition and adopting an unreasoned and happenstance sort of date such as the date of indictment or date of trial, has been followed after the 1968 overhaul, in Papp v. State, 129 Ga. App. 718 ( 201 S.E.2d 157) (1973); Holley v. State, 157 Ga. App. 863, 867 (5) ( 278 S.E.2d 738) (1981); Hahn v. State, 166 Ga. App. 71 ( 303 S.E.2d 299) (1983) (the latter two for constitutional ex post facto reasons); and Dunn v. State, 178 Ga. App. 6 (1) ( 341 S.E.2d 880) (1986) (based in part on OCGA § 1-3-5). Thus the vacancy left by the legislature has been judicially filled by retaining the long-lived principle.

  2. Bass v. State

    313 S.E.2d 776 (Ga. Ct. App. 1984)   Cited 5 times
    In Bass v. State, 169 Ga. App. 520 (313 S.E.2d 776) (1984), a state court conviction for entering an automobile with intent to commit theft was reversed as the matter charged in the accusation was a felony for which the state court lacked jurisdiction under OCGA § 15-7-4.

    " Andrews v. State, 130 Ga. App. 2, 3 ( 202 S.E.2d 246) (1973). Accord, Papp v. State, 129 Ga. App. 718 ( 201 S.E.2d 157) (1973). Accordingly, the State Court of Thomas County did not have jurisdiction over the appellant under the accusation, and all proceedings held in the state court pursuant thereto are a nullity.