36061 | Ga. | Apr 8, 1980
McCary was convicted of "idling and loitering for the purposes of prostitution” contrary to the City of Atlanta Code § 17-2004. The Superior Court of Fulton County, on certiorari, reversed, holding (1) that subsections (c), (d), and (e) of Atlanta Code § 17-2004 under which McCary was convicted, were unconstitutional for lack of due process and equal protection, and (2) the evidence did not justify a rational trier of fact in finding guilt beyond a reasonable doubt. See Jackson v. Virginia 443 U.S. 307" court="SCOTUS" date_filed="1979-10-01" href="https://app.midpage.ai/document/jackson-v-virginia-110138?utm_source=webapp" opinion_id="110138">443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). An appeal does not lie to this court at the instance of the City of Atlanta in a criminal case, where the defendant has been found not guilty. This precludes our addressing the constitutional issues. But see, Lambert v. City of Atlanta, 242 Ga. 645" court="Ga." date_filed="1978-11-21" href="https://app.midpage.ai/document/lambert-v-city-of-atlanta-1391775?utm_source=webapp" opinion_id="1391775">242 Ga. 645 (250 SE2d 456) (1978).
Appeal dismissed.
Lambert was reversed on other grounds but see Ga.