Davis v. Balkcom

Supreme Court of Georgia

Davis v. Balkcom

121 S.E.2d 505, 217 Ga. 205, 1961 Ga. LEXIS 494

CourtSupreme Court of Georgia

DecidedSeptember 12, 1961

Docket21322

StatusPublished

This text of 121 S.E.2d 505 (Davis 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

Davis v. Balkcom, 121 S.E.2d 505, 217 Ga. 205, 1961 Ga. LEXIS 494 (Ga. 1961).

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Opinion

Duckworth, Chief Justice.

The exception is to a judgment in a habeas corpus case remanding the prisoner to the officer of the law after a trial and presentation of evidence. There is no approved brief of evidence embodied in the bill of exceptions, nor as a separate document in the record. This utter [206]*206failure to present a brief of the evidence requires an affirmance since no exception therein can be ruled on without recourse to the evidence. Attaway v. Duncan, 206 Ga. 230 (56 SE2d 269).

Submitted September 11, 1961 — Decided September 12, 1961. William B. Harrell, for plaintiff in error. Eugene Cook, Attorney-General, Earl L. Hickman, Assistant Attorney-General, B. Daniel Dubberly, Jr., Deputy Assistant Attorney-General, contra.

Judgment affirmed.

All the Justices concur.

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