Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

LAWRENCE v. THE STATE.

CLARK, Judge.

Appellant, J. W. Lawrence, was convicted and sentenced for the felony offense of aggravated assault. The only question for decision presented by the enumeration of errors is whether the recently enacted bifurcated trial procedure (an Act entitled "Criminal Procedure — Pre-sentence Hearings in Felony Cases"; Ga. L. 1970, pp. 949, 950; Code Ann. § 27-2534) is applicable in a trial for a crime committed prior to the effective date of the Act.

The offense was committed on May 30, 1970. The Act in question did not become effective as law until July 1, 1970. The trial occurred September 16, 1970, and was conducted observing the new procedure.

Our Supreme Court in Todd v. State, 228 Ga. 746 ( 187 S.E.2d 831), in answer to a certification of the identical question which Lawrence has raised, held the Act to be applicable to a trial for a crime committed prior to the effective date of the Act. The Todd case was decided having regard to the same legal arguments and authorities (and fully discusses same) which have been urged by Lawrence, and is controlling.

Judgment affirmed. Hall, P. J., and Eberhardt, J., concur.

ARGUED OCTOBER 5, 1971 — DECIDED MARCH 15, 1972.
Use AI to get other relevant cases.

Comments

LAWRENCE v. STATE
(Mar 15, 1972)