Jones v. Smith

Supreme Court of Georgia

Jones v. Smith

160 S.E.2d 398, 224 Ga. 141, 1968 Ga. LEXIS 693

CourtSupreme Court of Georgia

DecidedMarch 7, 1968

Docket24493

StatusPublished

Cited by1 cases

This text of 160 S.E.2d 398 (Jones 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

Jones v. Smith, 160 S.E.2d 398, 224 Ga. 141, 1968 Ga. LEXIS 693 (Ga. 1968).

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Opinion

Duckworth, Chief Justice.

The basis of the claim of illegal detention is that the accused was not given the benefit of counsel. The guilty plea was signed by both the accused and his counsel, and the attorney testified that he fully advised the accused as to his rights and the consequences of a plea and that the accused voluntarily entered same. The mere fact that counsel also stated that he would have withdrawn from the case in the event a plea of not guilty was entered had no bearing since he also advised the accused that the court would then appoint counsel to defend him. The judgment remanding the applicant to the custody of the warden was authorized by the law and the evidence. Archer v. Clark, 202 Ga. 229 (42 SE2d 924).

Judgment affirmed.

All the Justices concur.

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Duckworth, Chief Justice.

The basis of the claim of illegal detention is that the accused was not given the benefit of counsel. The guilty plea was signed by both the accused and his counsel, and the attorney testified that he fully advised the accused as to his rights and the consequences of a plea and that the accused voluntarily entered same. The mere fact that counsel also stated that he would have withdrawn from the case in the event a plea of not guilty was entered had no bearing since he also advised the accused that the court would then appoint counsel to defend him. The judgment remanding the applicant to the custody of the warden was authorized by the law and the evidence. Archer v. Clark, 202 Ga. 229 (42 SE2d 924).

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

160 S.E.2d 398, 224 Ga. 141, 1968 Ga. LEXIS 693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-smith-ga-1968.

Opinion

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