Heard v. State

Court of Appeals of Georgia

Heard v. State

50 S.E.2d 787, 78 Ga. App. 150, 1948 Ga. App. LEXIS 703

CourtCourt of Appeals of Georgia

DecidedDecember 3, 1948

Docket32240.

StatusPublished

Cited by2 cases

This text of 50 S.E.2d 787 (Heard v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Heard v. State, 50 S.E.2d 787, 78 Ga. App. 150, 1948 Ga. App. LEXIS 703 (Ga. Ct. App. 1948).

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Opinion

Townsend, J.

This was a motion in arrest of a judgment, or a motion to vacate and set aside a judgment because the trial court, through clerical error, imposed a sentence of from 7 to 10 years in the penitentiary upon the conviction of the plaintiff in error of burglary, the jury having fixed the punishment at from 3 to 5 years. However, *151 pursuant to the direction of the judgment of the Supreme Court in Heard v. Gill, 204 Ga. 261 (49 S. E. 2d, 656), same being a review of a petition for writ of habeas corpus brought by the plaintiff in error herein, the judgment and sentence complained of by this proceeding has been vacated and set aside, and in lieu thereof the plaintiff in error has been sentenced in accordance with the verdict of the jury. Therefore, upon motion of the solicitor-general to dismiss the writ of error, and it appearing that the matter before this court has now become a moot question, the bill of exception is

Decided December 3, 1948. Lester Dickson, for plaintiff in error. F. E. Strickland, Solicitor-General, contra.

Dismissed.

MacIntyre, P. J., and Gardner, J., concur.

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Townsend, J.

This was a motion in arrest of a judgment, or a motion to vacate and set aside a judgment because the trial court, through clerical error, imposed a sentence of from 7 to 10 years in the penitentiary upon the conviction of the plaintiff in error of burglary, the jury having fixed the punishment at from 3 to 5 years. However, *151 pursuant to the direction of the judgment of the Supreme Court in Heard v. Gill, 204 Ga. 261 (49 S. E. 2d, 656), same being a review of a petition for writ of habeas corpus brought by the plaintiff in error herein, the judgment and sentence complained of by this proceeding has been vacated and set aside, and in lieu thereof the plaintiff in error has been sentenced in accordance with the verdict of the jury. Therefore, upon motion of the solicitor-general to dismiss the writ of error, and it appearing that the matter before this court has now become a moot question, the bill of exception is

Decided December 3, 1948. Lester Dickson, for plaintiff in error. F. E. Strickland, Solicitor-General, contra.

Dismissed.

MacIntyre, P. J., and Gardner, J., concur.

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Bluebook (online)

50 S.E.2d 787, 78 Ga. App. 150, 1948 Ga. App. LEXIS 703, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heard-v-state-gactapp-1948.

Opinion

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