Bowen v. Balkcom

Supreme Court of Georgia

Bowen v. Balkcom

136 S.E.2d 343, 219 Ga. 858, 1964 Ga. LEXIS 425

CourtSupreme Court of Georgia

DecidedApril 21, 1964

Docket22436

StatusPublished

This text of 136 S.E.2d 343 (Bowen v. Balkcom) 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

Bowen v. Balkcom, 136 S.E.2d 343, 219 Ga. 858, 1964 Ga. LEXIS 425 (Ga. 1964).

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Opinion

Quillian, Justice.

Where, as in the present habeas corpus case, the only issue made by the petitioner’s pleadings and evidence was that the sentence under which the petitioner is incarcerated is invalid and void because his counsel was not present when the sentence was imposed and there was ample evidence submitted upon the hearing to support the conclusion that the petitioner, being fully informed that his counsel was not in court, expressly waived his presence and voluntarily requested the judge then presiding to proceed to sentence him in the absence of his counsel, the judge hearing the habeas corpus case committed no error in dismissing the writ and remanding the petitioner to the custody of the warden.

Judgment affirmed.

All the Justices concur. Willie E. Bowen, pro se. Eugene Cook, Attorney General, Albert Sidney Johnson, Assistant Attorney General, B. Daniel Dubberly, Jr., Deputy Assistant Attorney General, contra.

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Quillian, Justice.

Where, as in the present habeas corpus case, the only issue made by the petitioner’s pleadings and evidence was that the sentence under which the petitioner is incarcerated is invalid and void because his counsel was not present when the sentence was imposed and there was ample evidence submitted upon the hearing to support the conclusion that the petitioner, being fully informed that his counsel was not in court, expressly waived his presence and voluntarily requested the judge then presiding to proceed to sentence him in the absence of his counsel, the judge hearing the habeas corpus case committed no error in dismissing the writ and remanding the petitioner to the custody of the warden.

Judgment affirmed.

All the Justices concur. Willie E. Bowen, pro se. Eugene Cook, Attorney General, Albert Sidney Johnson, Assistant Attorney General, B. Daniel Dubberly, Jr., Deputy Assistant Attorney General, contra.

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Bluebook (online)

136 S.E.2d 343, 219 Ga. 858, 1964 Ga. LEXIS 425, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowen-v-balkcom-ga-1964.