Nelson v. State, 177 S.E. 253 (Ga. 1934). · Go Syfert
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Nelson v. State, 177 S.E. 253 (Ga. 1934). Cases Citing This Book View Copy Cite
5 citation events (2 in the last 25 years) across 2 distinct courts.
Strongest positive: Brinkley v. State (ga, 2012-06-18)
Top citers, strongest first. 1 distinct citer.
discussed Cited as authority (rule) Brinkley v. State
Ga. · 2012 · confidence medium
See Perez-Castillo v. State, 275 Ga. 124, 124-125 ( 562 SE2d 184 ) (2002) (holding that, when constitutional issues were not timely raised, “those challenges must be deemed waived on appeal” and, absent some other basis for this Court’s jurisdiction, the appeal must be transferred to the Court of Appeals); Hardeman v. State, 272 Ga. 361, 361-362 ( 529 SE2d 368 ) (2000) (same); Gainey v. State, 232 Ga. 334, 335 ( 206 SE2d 474 ) (1974) (“Under repeated rulings of the court the constitutional question [challenging a sentencing statute], presented for the first time in the defendant’s mo…
Nelson
v.
State
No. 10194.
Supreme Court of Georgia.
Nov 16, 1934.
177 S.E. 253
W. A. McClellan, W, A. McClellan Jr., and Emile Hirsch, for plaintiff in error., John-Y. Roberts, solicitor, contra.
Hutcheson.
Cited by 2 opinions  |  Published
Hutcheson, J.

The defendant was convicted of a misdemeanor, in the city-court of Macon. Upon the trial she invoked a ruling by the court as to the constitutionality of the act of 1918 (Ga. Laws 1918, p. 262), and the judge held the act .constitutional. The defendant thereafter sought to raise the same question in one of the grounds of her motion for a new trial, but took no exception, in the motion or otherwise, to the ruling previously made upon the trial. Held, that the previous ruling, not having been made the subject of any timely or proper exception, became the law of the case and eliminated the constitutional question; and the case not being one which would otherwise fall within the jurisdiction of the Supreme Court, it must be transferred to the Court of Appeals. U. S. Fidelity & Guaranty Co. v. Koehler, 161 Ga. 934 (132 S. E. 64); Coats v. Casey, 162 Ga. 236 (133 S. E. 237); Brightwell v. Oglethorpe Telephone Co., 176 Ga. 65 (166 S. E. 646).

Transferred to Court of Appeals.

All the Justices poneur. W. A. McClellan, W, A. McClellan Jr., and Emile Hirsch, for plaintiff in error. John-Y. Roberts, solicitor, contra.