A. L. Dutton, Warden, Georgia State Prison v. George W. McElroy

Fifth Circuit

A. L. Dutton, Warden, Georgia State Prison v. George W. McElroy

389 F.2d 380, 1967 U.S. App. LEXIS 4918

CourtCourt of Appeals for the Fifth Circuit

DecidedOctober 9, 1967

Docket24494

StatusPublished

This text of 389 F.2d 380 (A. L. Dutton, Warden, Georgia State Prison v. George W. McElroy) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

A. L. Dutton, Warden, Georgia State Prison v. George W. McElroy, 389 F.2d 380, 1967 U.S. App. LEXIS 4918 (5th Cir. 1967).

Pincite

Opinion

PER CURIAM:

This is an appeal by the state on behalf of the Warden of the Georgia State Prison at Reidsville, Georgia, from a final order of the trial court vacating a conviction of appellee resulting from a plea of guilty to the crime of forgery *381 and three charges of passing bad checks for which the appellee was given a total sentence of ten years, the maximum permitted by law. The judgment of the trial court ordered the prisoner released unless within forty-five days from entry of the order prosecuting officials of Barrow County, Georgia instituted new proceedings against him.

Upon a careful consideration of the record we conclude that the judgment of the trial court should be, and it is, affirmed.

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PER CURIAM:

This is an appeal by the state on behalf of the Warden of the Georgia State Prison at Reidsville, Georgia, from a final order of the trial court vacating a conviction of appellee resulting from a plea of guilty to the crime of forgery *381 and three charges of passing bad checks for which the appellee was given a total sentence of ten years, the maximum permitted by law. The judgment of the trial court ordered the prisoner released unless within forty-five days from entry of the order prosecuting officials of Barrow County, Georgia instituted new proceedings against him.

Upon a careful consideration of the record we conclude that the judgment of the trial court should be, and it is, affirmed.

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Bluebook (online)

389 F.2d 380, 1967 U.S. App. LEXIS 4918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/a-l-dutton-warden-georgia-state-prison-v-george-w-mcelroy-ca5-1967.