Blaylock v. State

Court of Appeals of Georgia

Blaylock v. State

199 S.E.2d 369, 129 Ga. App. 230, 1973 Ga. App. LEXIS 956

CourtCourt of Appeals of Georgia

DecidedJune 15, 1973

Docket48251

StatusPublished

Cited by5 cases

This text of 199 S.E.2d 369 (Blaylock v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blaylock v. State, 199 S.E.2d 369, 129 Ga. App. 230, 1973 Ga. App. LEXIS 956 (Ga. Ct. App. 1973).

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Opinion

Bell, Chief Judge.

The defendant was convicted of burglary in September, 1968. He filed a timely motion for new trial. On March 30, 1969, and prior to any ruling on his motion for new trial, he escaped from custody. On April 10,1969, the trial court, on motion of the state, dismissed the motion for new trial on the ground that defendant was a fugitive from justice subject to the right of defendant to move to vacate the order should the defendant be returned to custody within 15 days from the date of the order. In June, 1972, defendant moved to set aside the order dismissing his motion for new trial and for a reinstatement of his motion. After hearing, the motion was overruled. Held:

There was no error. When the defendant escaped, he waived and forfeited all right to invoke the aid of the courts. Madden v. State, 70 Ga. 383; James v. State, 162 Ga. 42 (1) (132 SE 417); Gentry v. State, 91 Ga. 669 (17 SE 956).

Judgment affirmed.

Deen and Quillian, JJ, concur.

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Bell, Chief Judge.

The defendant was convicted of burglary in September, 1968. He filed a timely motion for new trial. On March 30, 1969, and prior to any ruling on his motion for new trial, he escaped from custody. On April 10,1969, the trial court, on motion of the state, dismissed the motion for new trial on the ground that defendant was a fugitive from justice subject to the right of defendant to move to vacate the order should the defendant be returned to custody within 15 days from the date of the order. In June, 1972, defendant moved to set aside the order dismissing his motion for new trial and for a reinstatement of his motion. After hearing, the motion was overruled. Held:

There was no error. When the defendant escaped, he waived and forfeited all right to invoke the aid of the courts. Madden v. State, 70 Ga. 383; James v. State, 162 Ga. 42 (1) (132 SE 417); Gentry v. State, 91 Ga. 669 (17 SE 956).

Judgment affirmed.

Deen and Quillian, JJ, concur.

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Bluebook (online)

199 S.E.2d 369, 129 Ga. App. 230, 1973 Ga. App. LEXIS 956, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blaylock-v-state-gactapp-1973.

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