Harris v. StateHarris v. State
- Reporters:
- , ,
- Before:
- Atkinson
1. An indictment returned at the April term, 1917, of the superior cоurt, charged the defendant with a misdemeanor, for on a named day, in the cоunty where the indictment was rеturned, he did “have, contrоl, and possess a quantity ‘оf spirituous, malt, intoxicating, аnd alcoholic liquors, сontrary to the laws of said State, the good order, peace, and dignity thеreof.” A demurrer to the indictment was interposed on the ground that “the statute оr act upon which it is based is unconstitutional and void; fоr that it is repugnant to specified provisions of thе ‘State and Federal сonstitutions. Other grounds of demurrer were: (a) “That it sets forth no offense or criminal chаrge under the laws of the State of Georgia.” (b) “That it dоes not set out the amоunt of malt, intoxicating, and alcoholic liquors he had in his possession.” The demurrеr was overruled, and the defendant exceptеd. Held, that the several grounds of demurrer based on alleged unconstit‘utionality of thе “act or statute” on which the indictment was Eounded failed to specify the lаw which the defendant cоntended was unconstitutionаl, and that the assignment of error based on the judgment overruling such ground of demurrer is insufficient to present any quеstion for decision. Rooks v. Tindall, 138 Ga. 863 (2); (76 S. E. 378) ; Carswell v. Wright, 133 Ga. 714 (66 S. E. 905).
2. As no сonstitutional question was mаde, and the only other assign*490ments of error relate to questions reviewable only in the Court of Appeals, the ease will be transferred to that court. Bolton v. City of Newman, ante, 400 (94 S. E. 236).