ELINBURG v. STATE

26255.

227 Ga. 246 (1971)

179 S.E.2d 926

ELINBURG v. THE STATE.

Supreme Court of Georgia.

Decided January 29, 1971.


Attorney(s) appearing for the Case

G. Hughel Harrison, James W. Garner, for appellant.

Reid Merritt, District Attorney, Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Marion O. Gordon, William R. Childers, Jr., Assistant Attorneys General, for appellee.


NICHOLS, Justice.

The defendant was convicted of rape and sentenced to 20 years imprisonment. After his motion for new trial was overruled the present appeal was filed.

1. On the trial of the case counsel objected to the wife of the defendant testifying. The objection was in part as follows: "First of all this 1957 Act which amended the Code section 38-1604 is void in that the title of that Act is defective. It does not comply with the constitutional requirements...

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