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

Court of Appeals for the Fifth Circuit·Decided October 9, 1967·No. 24494·Published

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.

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

389 F.2d 380 (A. L. Dutton, Warden, Georgia State Prison v. George W. McElroy) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.