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Broughton v. State

192 S.E.2d 390, 127 Ga. App. 38, 1972 Ga. App. LEXIS 771
Court of Appeals of Georgia·Decided September 5, 1972·No. 47321·Published

Opinion

Evans, Judge.

The defendant was convicted of theft by taking, and unlawful possession of narcotics. He was sentenced to a term of years in the penitentiary. This is an appeal from the overruling of his motion for new trial.

The State has moved to dismiss the appeal, and supports said motion with a certificate of fugitivity and an affidavit by the sheriff, as custodian, that the defendant escaped from confinement on May 6, 1972, and has not been returned to custody. This information of his status as a fugitive is uncontroverted. In these circumstances the appeal is moot. Gentry v. State, 91 Ga. 669 (17 SE 956); Gravitt v. State, 221 Ga. 812 (147 SE2d 447); Huffaker v. State, 122 Ga. App. 773, 775 (178 SE2d 718).

Appeal dismissed.

Bell, C. J., and Stolz, J., concur. Submitted July 5, 1972 Decided September 5, 1972. Myers & Parks, John R. Parks, for appellant.

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Broughton v. State, 192 S.E.2d 390, 127 Ga. App. 38, 1972 Ga. App. LEXIS 771 (Ga. Ct. App. 1972).

192 S.E.2d 390 (Broughton v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Gravitt v. State
147 S.E.2d 447 (Supreme Court of Georgia, 1966)
Huffaker v. State
178 S.E.2d 718 (Court of Appeals of Georgia, 1970)
Gentry v. State
17 S.E. 956 (Supreme Court of Georgia, 1893)