Pope v. State

Court of Appeals of Georgia

Pope v. State

191 S.E.2d 115, 126 Ga. App. 488, 1972 Ga. App. LEXIS 1191

CourtCourt of Appeals of Georgia

DecidedJune 15, 1972

Docket47278

StatusPublished

This text of 191 S.E.2d 115 (Pope 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

Pope v. State, 191 S.E.2d 115, 126 Ga. App. 488, 1972 Ga. App. LEXIS 1191 (Ga. Ct. App. 1972).

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Opinion

Stolz, Judge.

Matthew Pope was convicted in Fulton County for the offense of larceny from the house and was [489]*489sentenced to serve a prison term of 10 years. He filed notice of appeal to this court. Before his case was argued, a motion to dismiss his appeal on the ground that he had escaped and was no longer in custody was filed in this court and his counsel of record was served with a copy of same. The motion is supported by a certificate of fugitivity by the district attorney and certified copies of the indictment, sentence and warrant for arrest of the appellant. No denial of the facts alleged in the motion and as shown by the affidavit attached thereto has been filed in this court by the appellant or his counsel. In these circumstances, the case has become moot and for that reason the motion must be granted and his appeal is hereby dismissed. See Gravitt v. State, 221 Ga. 812 (147 SE2d 447); Huffaker v. State, 122 Ga. App. 773, 775 (178 SE2d 718) and cit.; Code Ann. § 6-809 (b) (3) (Ga. L. 1965, pp. 18, 29, as amended).

Submitted May 23, 1972— Decided June 15, 1972. Glenn Zell, for appellant. Lewis R. Slaton, District Attorney, Morris H. Rosenberg, for appellee.

Appeal dismissed.

Bell, C. J., and Evans, J., concur.

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Stolz, Judge.

Matthew Pope was convicted in Fulton County for the offense of larceny from the house and was [489]*489sentenced to serve a prison term of 10 years. He filed notice of appeal to this court. Before his case was argued, a motion to dismiss his appeal on the ground that he had escaped and was no longer in custody was filed in this court and his counsel of record was served with a copy of same. The motion is supported by a certificate of fugitivity by the district attorney and certified copies of the indictment, sentence and warrant for arrest of the appellant. No denial of the facts alleged in the motion and as shown by the affidavit attached thereto has been filed in this court by the appellant or his counsel. In these circumstances, the case has become moot and for that reason the motion must be granted and his appeal is hereby dismissed. See Gravitt v. State, 221 Ga. 812 (147 SE2d 447); Huffaker v. State, 122 Ga. App. 773, 775 (178 SE2d 718) and cit.; Code Ann. § 6-809 (b) (3) (Ga. L. 1965, pp. 18, 29, as amended).

Submitted May 23, 1972— Decided June 15, 1972. Glenn Zell, for appellant. Lewis R. Slaton, District Attorney, Morris H. Rosenberg, for appellee.

Appeal dismissed.

Bell, C. J., and Evans, J., concur.

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Bluebook (online)

191 S.E.2d 115, 126 Ga. App. 488, 1972 Ga. App. LEXIS 1191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pope-v-state-gactapp-1972.

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