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TENANT v. THE STATE.

PER CURIAM.

The only basis asserted for jurisdiction in this court is a constitutional attack upon Code Ann. § 38-202.1 that first was raised not during the trial of the case but in the motion for new trial. The constitutional issue is not presented for our decision and, accordingly, the case is transferred to the Court of Appeals. Thrall v. State, 226 Ga. 308 ( 174 S.E.2d 925) (1970).

Transferred to the Court of Appeals. All the Justices concur.

PER CURIAM.

SUBMITTED MARCH 9, 1979 — DECIDED MAY 2, 1979.
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TENANT v. STATE
(May 2, 1979)