Crane v. State

Supreme Court of Georgia

Crane v. State

98 S.E.2d 903, 213 Ga. 386, 1957 Ga. LEXIS 392

CourtSupreme Court of Georgia

DecidedJuly 3, 1957

Docket19727

StatusPublished

Cited by2 cases

This text of 98 S.E.2d 903 (Crane 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

Crane v. State, 98 S.E.2d 903, 213 Ga. 386, 1957 Ga. LEXIS 392 (Ga. 1957).

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Opinions

Wyatt, Presiding Justice.

The defendant was convicted of murder, with a recommendation to mercy. His motion for a new trial was denied. He filed his bill of exceptions to this Court. [387]*387Before a decision had been rendered, proper notice and affidavits were filed in this court, averring that the defendant had escaped from jail and was a fugitive from justice. This court issued an order directing the defendant to furnish evidence of his surrender or recapture by June 20, 1957. No such evidence has been furnished this court. Held:

Submitted June 10, 1957 Decided July 3, 1957. Graham Glover, Bert Garstin, for plaintiff in error. Earl B. Self, Solicitor-General, C. T. Culbert, Assistant Solicitor-General, Eugene Cook, Attorney-General, Rubye G. Jackson, contra.

Notice of the escape from custody of the defendant, who was convicted of murder, having been brought to this court by affidavit of the proper officer, and the defendant having made no response to the order of this court to furnish evidence of his surrender or recapture, so as to insure submission to the judgment of this court when rendered, the writ of error is dismissed. Gentry v. State, 91 Ga. 669 (17 S. E. 956).

Writ of error dismissed.

All the Justices concur. Duckworth, C. J., concurs specially.

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Wyatt, Presiding Justice.

The defendant was convicted of murder, with a recommendation to mercy. His motion for a new trial was denied. He filed his bill of exceptions to this Court. [387]*387Before a decision had been rendered, proper notice and affidavits were filed in this court, averring that the defendant had escaped from jail and was a fugitive from justice. This court issued an order directing the defendant to furnish evidence of his surrender or recapture by June 20, 1957. No such evidence has been furnished this court. Held:

Submitted June 10, 1957 Decided July 3, 1957. Graham Glover, Bert Garstin, for plaintiff in error. Earl B. Self, Solicitor-General, C. T. Culbert, Assistant Solicitor-General, Eugene Cook, Attorney-General, Rubye G. Jackson, contra.

Notice of the escape from custody of the defendant, who was convicted of murder, having been brought to this court by affidavit of the proper officer, and the defendant having made no response to the order of this court to furnish evidence of his surrender or recapture, so as to insure submission to the judgment of this court when rendered, the writ of error is dismissed. Gentry v. State, 91 Ga. 669 (17 S. E. 956).

Writ of error dismissed.

All the Justices concur. Duckworth, C. J., concurs specially.

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Bluebook (online)

98 S.E.2d 903, 213 Ga. 386, 1957 Ga. LEXIS 392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crane-v-state-ga-1957.

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