McLendon v. State

Supreme Court of Georgia

McLendon v. State

61 S.E.2d 502, 207 Ga. 328, 1950 Ga. LEXIS 485

CourtSupreme Court of Georgia

DecidedOctober 10, 1950

DocketNo. 17255

StatusPublished

Cited by2 cases

This text of 61 S.E.2d 502 (McLendon v. State) 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

McLendon v. State, 61 S.E.2d 502, 207 Ga. 328, 1950 Ga. LEXIS 485 (Ga. 1950).

Pincite

Opinion

Duckworth, Chief Justice.

After a verdict of guilty of murder without recommendation had been affirmed by this court (McLendon v. State, 205 Ga. 55, 52 S. E. 2d, 294) and, on the hearing of an application for habeas corpus, judgment was entered holding that the sentence to death was void, in that it failed to conform to the provisions of the statute, and the defendant was remanded to the court where he was convicted with direction that he be sentenced in conformity with the law, and this judgment was affirmed by this court in McLendon v. Balkcom, 207 Ga. 100 (60 S. E. 2d, 753), the trial court, after notice to the defendant, imposed sentence in accord with the verdict and in conformity with the statute, over the written objections of the defendant, and the exception here is to this judgment. Held:

The valid verdict of guilty required sentence and judgment in conformity therewith, and the entry of a void sentence in nowise constituted a legal obstacle to the imposition of a valid sentence. Heard v. Gill, 204 Ga. 261 (49 S. E. 2d, 656).

Judgment affirmed.

All the Justices concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Duckworth, Chief Justice.

After a verdict of guilty of murder without recommendation had been affirmed by this court (McLendon v. State, 205 Ga. 55, 52 S. E. 2d, 294) and, on the hearing of an application for habeas corpus, judgment was entered holding that the sentence to death was void, in that it failed to conform to the provisions of the statute, and the defendant was remanded to the court where he was convicted with direction that he be sentenced in conformity with the law, and this judgment was affirmed by this court in McLendon v. Balkcom, 207 Ga. 100 (60 S. E. 2d, 753), the trial court, after notice to the defendant, imposed sentence in accord with the verdict and in conformity with the statute, over the written objections of the defendant, and the exception here is to this judgment. Held:

The valid verdict of guilty required sentence and judgment in conformity therewith, and the entry of a void sentence in nowise constituted a legal obstacle to the imposition of a valid sentence. Heard v. Gill, 204 Ga. 261 (49 S. E. 2d, 656).

Judgment affirmed.

All the Justices concur.

Cite This Page — Counsel Stack

Bluebook (online)

61 S.E.2d 502, 207 Ga. 328, 1950 Ga. LEXIS 485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mclendon-v-state-ga-1950.

Opinion

Related

Cite This Page — Counsel Stack