113 S.E.2d 457
20841.Supreme Court of Georgia.SUBMITTED MARCH 16, 1960.
DECIDED MARCH 16, 1960.
CANDLER, Justice.
The defendant in this case was convicted of violating a penal ordinance of the City of College Park, Georgia. In an application to the Superior Court of Fulton County for the State’s writ of certiorari he attacked the constitutionality of the ordinance under which he was convicted, on a specified ground. The writ was granted but was overruled at the hearing. The exception is to that judgment. Held:
The Court of Appeals and not this court has jurisdiction to review a judgment overruling an attack made on the constitutionality of a municipal ordinance. Perkins v. Hattiesburg Brick Work, 212 Ga. 804 (96 S.E.2d 361), and the cases there cited. Hence, this case must be and is
Transferred to the Court of Appeals. All the Justices concur.
SUBMITTED MARCH 16, 1960 — DECIDED MARCH 16, 1960.
Attack on constitutionality of municipal ordinance. Fulton Superior Court. Before Judge Pharr. January 5, 1960.
Preston L. Holland, for plaintiff in error.
Henry G. Crawford, contra.