PRATHER v. STATE

DUCKWORTH, Chief Justice.

The constitutional attack upon Code § 26-2603, as amended (Ga. L. 1963, p. 295; 1965, p. 295; 1965, p. 504; 1966, pp. 555, 556) which would give this court jurisdiction of this appeal is no longer in the case upon the acquittal of the accused of this crime; hence this case must be transferred to the Court of Appeals since it no longer involves a question of the constitutionality of a statute but only the question of application of criminal procedures and related issues not involving a capital felony. Dixon v. State, 207 Ga. 192 ( 60 S.E.2d 439); Robinson v. State, 209 Ga. 48 ( 70 S.E.2d 514); Giles v. State, 212 Ga. 465 ( 93 S.E.2d 739); Waller v. Conner, 218 Ga. 633 ( 129 S.E.2d 845).

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