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Williams v. State

Williams v. State, 59 S.E.2d 384 (Ga. 1950)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
May 8, 1950
Docket
No. 17051
Judges
Head
Citations
59 S.E.2d 384206 Ga. 8371950 Ga. LEXIS 601

Opinion of the Court — Head

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Head, Justice.

Charlie Williams was convicted in the City Court of Savannah on an accusation which charged that he operated a power-drawn net in Warsaw Sound in violation of the Code, § 45-512. The bill of exceptions assigns error on the judgment overruling his demurrer to the accusation, and the judgment denying his motion for new trial. Held:

1. Ground 2 of the demurrer alleges that the statute (Code, § 45-512) violates the “due process” clause of the Federal Constitution, and art. 1, sec. 1, pars. 2, 3, and 25 of the State Constitution (Code, Ann. §§ 2-102, 2-103, and 2-125). “When a citizen is accorded a trial in a court of justice according to the modes of procedure applicable to all cases of a similar kind, it can not be said that he has been denied ‘due process of law.’ The demurrer to the indictment in this case does not point out any such denial, and the demurrer on this ground was properly overruled.” Arthur v. State, 146 Ga. 827 ( 92 S. E. 637 ); Lamar v. Prosser, 121 Ga. 153 ( 48 S. E. 977 ); Frank v. State, 142 Ga. 741 ( 83 S. E. 645 , L.R.A. 1915 D, 817).

2. Ground 1 of the demurrer, and the motion for new trial (containing only the usual general grounds), are not argued or insisted upon by the plaintiff in error, and will be treated as abandoned.

Judgment affirmed.

All the Justices concur.

Aaron Kravitch, for plaintiff in error. Andrew J. Ryan Jr., Solicitor-General, Sylvan A. Garjunkel, Herman W. Coolidge, contra.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1950: 11963: 119502026peak 1950 · 1

Relies on it most ⓘ

  1. First National Bank v. State Highway Department132 S.E.2d 263 (Ga. 1963)
  2. Clarke v. State60 S.E.2d 333 (Ga. 1950)

Most recent

  1. First National Bank v. State Highway Department132 S.E.2d 263 (Ga. 1963)
  2. Clarke v. State60 S.E.2d 333 (Ga. 1950)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Frank v. State, 83 S.E. 645 (Ga. 1914) 56
Arthur v. State, 92 S.E. 637 (Ga. 1917) 40
Lamar v. Prosser, 48 S.E. 977 (Ga. 1904) 18

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