54 S.E.2d 348 | Ga. | 1949
The Supreme Court has exclusive jurisdiction to review the judgment of a trial court in a case which involves an attack upon the constitutionality of a State law, and where as here an extraordinary motion for new trial is based upon an affidavit of a witness for the State averring that he committed perjury in all material portions of his testimony upon the trial, and the Code, § 110-706, is attacked as violating the due process and equal protection clauses of the State and Federal Constitutions, a judgment overruling such a motion is tantamount to holding that the Code section is valid, and the Supreme Court, and not the Court of Appeals, has jurisdiction of the writ of error to review such judgment.
Judgment reversed. All the Justices concur, except Atkinson,P. J., and Wyatt, J., who dissent.