Binns v. State

Supreme Court of Georgia

Binns v. State

189 S.E.2d 393, 229 Ga. 120, 1972 Ga. LEXIS 520

CourtSupreme Court of Georgia

DecidedMay 3, 1972

Docket27122

StatusPublished

Cited by5 cases

This text of 189 S.E.2d 393 (Binns v. State) 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

Binns v. State, 189 S.E.2d 393, 229 Ga. 120, 1972 Ga. LEXIS 520 (Ga. 1972).

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Opinion

Jordan, Justice.

This is an appeal from the overruling of a motion for new trial following conviction for murder and a sentence to life imprisonment. The State has moved to dismiss the appeal, supported by affidavit that the prisoner escaped from confinement on December 11, 1971, and has not been returned to custody. This information of his status as a fugitive is uncontroverted. In these circumstances the appeal is moot. Gravitt v. State, 221 Ga. 812 (147 SE2d 447).

Appeal dismissed.

All the Justices concur.

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Jordan, Justice.

This is an appeal from the overruling of a motion for new trial following conviction for murder and a sentence to life imprisonment. The State has moved to dismiss the appeal, supported by affidavit that the prisoner escaped from confinement on December 11, 1971, and has not been returned to custody. This information of his status as a fugitive is uncontroverted. In these circumstances the appeal is moot. Gravitt v. State, 221 Ga. 812 (147 SE2d 447).

Appeal dismissed.

All the Justices concur.

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Bluebook (online)

189 S.E.2d 393, 229 Ga. 120, 1972 Ga. LEXIS 520, Counsel Stack Legal Research, https://law.counselstack.com/opinion/binns-v-state-ga-1972.

Opinion

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