Dutton v. Margle

Supreme Court of Georgia

Dutton v. Margle

154 S.E.2d 11, 223 Ga. 144, 1967 Ga. LEXIS 446

CourtSupreme Court of Georgia

DecidedFebruary 23, 1967

Docket23929

StatusPublished

This text of 154 S.E.2d 11 (Dutton v. Margle) 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

Dutton v. Margle, 154 S.E.2d 11, 223 Ga. 144, 1967 Ga. LEXIS 446 (Ga. 1967).

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Opinion

Duckworth, Chief Justice.

Upon the hearing of this application for habeas corpus of a prisoner allegedly restrained of his liberty because the sentences which he was serving were null and void because of violations of his constitutional rights in obtaining his conviction by the use of a confession obtained under duress and without the assistance of counsel, the court remanded him for new trial, holding the convictions to be null and void. While the State appealed this ruling, nevertheless, the prisoner was remanded, retried and convicted; and the State, having proceeded to obey the final order, despite the supersedeas, has waived its right of appeal, and the appeal is now moot.

Appeal dismissed.

All the Justices concur. B. Daniel Dubberly, Jr., Deputy Assistant Attorney General, Arthur K. Bolton, Attorney General, G. Ernest Tidwell, Executive Assistant Attorney General, Carter A. Setlijf, Assistant Attorney General, for appellant.

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Duckworth, Chief Justice.

Upon the hearing of this application for habeas corpus of a prisoner allegedly restrained of his liberty because the sentences which he was serving were null and void because of violations of his constitutional rights in obtaining his conviction by the use of a confession obtained under duress and without the assistance of counsel, the court remanded him for new trial, holding the convictions to be null and void. While the State appealed this ruling, nevertheless, the prisoner was remanded, retried and convicted; and the State, having proceeded to obey the final order, despite the supersedeas, has waived its right of appeal, and the appeal is now moot.

Appeal dismissed.

All the Justices concur. B. Daniel Dubberly, Jr., Deputy Assistant Attorney General, Arthur K. Bolton, Attorney General, G. Ernest Tidwell, Executive Assistant Attorney General, Carter A. Setlijf, Assistant Attorney General, for appellant.

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Bluebook (online)

154 S.E.2d 11, 223 Ga. 144, 1967 Ga. LEXIS 446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dutton-v-margle-ga-1967.