Bearden v. Shirley

Supreme Court of Georgia

Bearden v. Shirley

157 S.E.2d 741, 223 Ga. 736, 1967 Ga. LEXIS 679

CourtSupreme Court of Georgia

DecidedOctober 20, 1967

Docket24337

StatusPublished

Cited by1 cases

This text of 157 S.E.2d 741 (Bearden v. Shirley) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bearden v. Shirley, 157 S.E.2d 741, 223 Ga. 736, 1967 Ga. LEXIS 679 (Ga. 1967).

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Opinion

Grice, Justice.

This appeal is from the denial of a writ of habeas corpus. The petitioner had alleged that he was being illegally detained by the respondent sheriff and jailer pursuant to a fugitive warrant, and that he should be discharged since South Carolina had failed to file a request for extradition for a considerably longer period of time than provided by law. However, upon the hearing it appeared that the petitioner had already freely and voluntarily waived extradition and had been returned to the South Carolina authorities. Under these circumstances, the issue was moot, and for this reason the trial court properly denied the writ. Sanders v. Mutimer, 221 Ga. 337 (144 SE2d 512) (one Justice not participating).

Judgment affirmed.

All the Justices concur.

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Grice, Justice.

This appeal is from the denial of a writ of habeas corpus. The petitioner had alleged that he was being illegally detained by the respondent sheriff and jailer pursuant to a fugitive warrant, and that he should be discharged since South Carolina had failed to file a request for extradition for a considerably longer period of time than provided by law. However, upon the hearing it appeared that the petitioner had already freely and voluntarily waived extradition and had been returned to the South Carolina authorities. Under these circumstances, the issue was moot, and for this reason the trial court properly denied the writ. Sanders v. Mutimer, 221 Ga. 337 (144 SE2d 512) (one Justice not participating).

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

157 S.E.2d 741, 223 Ga. 736, 1967 Ga. LEXIS 679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bearden-v-shirley-ga-1967.

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