Hart v. Smith

Supreme Court of Georgia

Hart v. Smith

180 S.E.2d 735, 227 Ga. 357, 1971 Ga. LEXIS 704

CourtSupreme Court of Georgia

DecidedMarch 4, 1971

Docket26341

StatusPublished

Cited by1 cases

This text of 180 S.E.2d 735 (Hart 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

Hart v. Smith, 180 S.E.2d 735, 227 Ga. 357, 1971 Ga. LEXIS 704 (Ga. 1971).

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Opinion

Undercofler, Justice.

James Clyde Hart filed an application for the writ of habeas corpus against S. Lamont Smith, Warden of the Georgia State Prison. The application alleges that the in[358]*358structions on alibi given by the trial court to the jury placed an illegal burden on him, were misleading and confusing to the jury, and denied him due process of law as guaranteed by the Fourteenth Amendment to the United States Constitution. After hearing evidence, the trial court remanded him to the custody of the respondent. He appeals to this court. Held:

Submitted February 9, 1971 Decided March 4, 1971. James Clyde Hart, pro se. Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Courtney Wilder Stanton, Dorothy T. Beasley, Assistant Attorneys General, for appellee.

This case is controlled by the rulings of this court in Shoemake v. Whitlock, 226 Ga. 771 (177 SE2d 677); Young v. State, 225 Ga. 255, 256 (167 SE2d 586); Chaffin v. State, 225 Ga. 602 (170 SE2d 426); Smith v. Smith, 226 Ga. 748 (177 SE2d 230); Thornton v. State, 226 Ga. 837 (3) (178 SE2d 193); Smith v. Hightower, 227 Ga. 144 (179 SE2d 242); Stynchcombe v. Clements, 227 Ga. 244.

Judgment affirmed.

All the Justices concur, except Felton, J., who concurs specially.

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Undercofler, Justice.

James Clyde Hart filed an application for the writ of habeas corpus against S. Lamont Smith, Warden of the Georgia State Prison. The application alleges that the in[358]*358structions on alibi given by the trial court to the jury placed an illegal burden on him, were misleading and confusing to the jury, and denied him due process of law as guaranteed by the Fourteenth Amendment to the United States Constitution. After hearing evidence, the trial court remanded him to the custody of the respondent. He appeals to this court. Held:

Submitted February 9, 1971 Decided March 4, 1971. James Clyde Hart, pro se. Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Courtney Wilder Stanton, Dorothy T. Beasley, Assistant Attorneys General, for appellee.

This case is controlled by the rulings of this court in Shoemake v. Whitlock, 226 Ga. 771 (177 SE2d 677); Young v. State, 225 Ga. 255, 256 (167 SE2d 586); Chaffin v. State, 225 Ga. 602 (170 SE2d 426); Smith v. Smith, 226 Ga. 748 (177 SE2d 230); Thornton v. State, 226 Ga. 837 (3) (178 SE2d 193); Smith v. Hightower, 227 Ga. 144 (179 SE2d 242); Stynchcombe v. Clements, 227 Ga. 244.

Judgment affirmed.

All the Justices concur, except Felton, J., who concurs specially.

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180 S.E.2d 735, 227 Ga. 357, 1971 Ga. LEXIS 704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hart-v-smith-ga-1971.

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