Brown v. Smith

Supreme Court of Georgia

Brown v. Smith

183 S.E.2d 375, 227 Ga. 785, 1971 Ga. LEXIS 844

CourtSupreme Court of Georgia

DecidedJuly 9, 1971

Docket26557

StatusPublished

Cited by2 cases

This text of 183 S.E.2d 375 (Brown v. Smith) 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

Brown v. Smith, 183 S.E.2d 375, 227 Ga. 785, 1971 Ga. LEXIS 844 (Ga. 1971).

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Opinion

Mobley, Presiding Justice.

Charles Stewart Brown appealed from the denial of relief on his application for habeas corpus, based on the ground that the counsel representing him on his trial for murder, wherein he was given a sentence of life imprisonment, did not effectively assist him. The transcript was filed in this court on April 19, 1971. On May 21, 1971, motion was made by the respondent to dismiss the appeal because the time [786]*786had expired for filing the enumeration of errors and brief. Thereafter the prisoner requested an extension of time for filing the enumeration of errors and brief. His enumeration of errors and brief were filed on June 2, 1971.

Submitted June 14, 1971 Decided July 9, 1971. Charles Stewart Brown, pro se. Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Courtney Wilder Stanton, Assistant Attorney General, W. Hensell Harris, Jr., for appellee.

No providential cause was shown for the delay in filing the enumeration of errors within the time provided by the rules of this court, and the appeal must, therefore, be dismissed. Hodges v. State, 227 Ga. 18 (178 SE2d 858).

Appeal dismissed.

All the Justices concur.

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Mobley, Presiding Justice.

Charles Stewart Brown appealed from the denial of relief on his application for habeas corpus, based on the ground that the counsel representing him on his trial for murder, wherein he was given a sentence of life imprisonment, did not effectively assist him. The transcript was filed in this court on April 19, 1971. On May 21, 1971, motion was made by the respondent to dismiss the appeal because the time [786]*786had expired for filing the enumeration of errors and brief. Thereafter the prisoner requested an extension of time for filing the enumeration of errors and brief. His enumeration of errors and brief were filed on June 2, 1971.

Submitted June 14, 1971 Decided July 9, 1971. Charles Stewart Brown, pro se. Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Courtney Wilder Stanton, Assistant Attorney General, W. Hensell Harris, Jr., for appellee.

No providential cause was shown for the delay in filing the enumeration of errors within the time provided by the rules of this court, and the appeal must, therefore, be dismissed. Hodges v. State, 227 Ga. 18 (178 SE2d 858).

Appeal dismissed.

All the Justices concur.

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Bluebook (online)

183 S.E.2d 375, 227 Ga. 785, 1971 Ga. LEXIS 844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-smith-ga-1971.

Opinion

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