Homer McDonald was indicted during the March 1966 term of Habersham Superior Court and chаrged with a misdemeanor, in that on June 28, 1965, he acquired a certain motor vehicle with described serial number and sold and disposed of it as wreckage and salvage and did “fail to mail and deliver” the certificate of title and manufacturer’s serial plate from the motor vehicle to the State Revenue Commissioner as rеquired by law. See Ga. L. 1961, pp. 68, 83, superseded by Ga. L. 1965, pp. 264, 265 (Code Ann. § 68-420a); Ga. L. 1961, pp. 68, 88, as amended, Ga. L. 1965, pp. 304, 314 (Code Ann. § 68-431a).
The defendant filed a special plea and demurrers to the indiсtment, which attacked the statute under which the indictment was brought as being unconstitutional for various reasons, as included in the following syllabus. The trial judge overruled the defendant’s demurrers and sustained the State’s demurrers to the special plea. From these judgments the defendant appeals. Held:
1. The indictment was couched in the language of the statute and hence was not subject to general demurrer.
Buchanan v. State,
2. The defendant, by special plea and also a ground of demurrer, attempts to show that the statute is unconstitutionаl as being a burden on interstate commerce. However, neither the plea nor the ground of demurrer specifies any constitutional provision as the onе the defendant contends is being violated. Hence, the rule is applicablе: “A question of the constitutionality of a legislative act is not raised by a demurrer in whiсh no particular clause or part of the Constitution is sufficiently stated or pоinted out.”
Dobbs v. Bullard,
3. By demurrer the defendant contends the statute is unconstitutional in that it violatеs the state and federal due process clauses.
(a) In one ground the defendant attacks the provision in the Act dealing with insurance settlements, but nothing in the indictmеnt purports to place the alleged criminal transaction in that category. A demurrer may properly attack only those defects which appear on the face of the indictment. Where a demurrer seeks to add extrinsic mаtter, it must fail as a speaking demurrer.
Jackson v. State,
(b) In another ground, the defendant complains thаt the Revenue Commissioner might arbitrarily refuse to re-issue certificates of title аnd manufacturers’ serial plates. This portion of the statute is not relevant to thе issues of this case and the attack made upon it is entirely speculative, hyрothetical
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and academic in nature. “Before a statute can be attacked by anyone on the ground of its unconstitutionality, he must show that its enforcemеnt is an infringement upon his right of person or property, and that such infringement results from thе unconstitutional feature of the statute upon which he bases his attack.”
South Ga. Gas Co. v. Ga. Public Service Comm.,
There is no merit in these grounds of demurrer.
4. The defendant contends that requiring him to send the Revenue Commissioner the certificatе of title and the manufacturer’s serial plate constitutes an illegal seizure of private property without just compensation in violation of the Fourth Amendmеnt to the United States Constitution. Since the indictment alleges that the defendant disposed of the “'motor vehicle,” the only purportedly valuable property here involved is the title certificate and the serial plate. Such quasi-public documents do not constitute property within the protection of the constitutional provision. See U. S. v. Kempe, 59 FSupp. 905, and Bowles v. Insel, 148 F2d 91.
The trial judge did not err in overruling the defendant’s demurrers to the indictment nor in sustaining the State’s demurrers to the special plea.
Judgment affirmed.