GRAMMER v. BALKCOM

20634.

215 Ga. 395 (1959)

110 S.E.2d 749

GRAMMER v. BALKCOM, Warden.

Supreme Court of Georgia.

Decided October 9, 1959.


Attorney(s) appearing for the Case

Melvin A. Grammer, pro se.

B. Daniel Dubberly, Jr., Eugene Cook, Attorney-General, John T. Ferguson, Deputy Assistant Attorney-General, Earl L. Hickman, contra.


DUCKWORTH, Chief Justice.

The plaintiff in error sought by habeas corpus to secure his discharge from prison, where he is serving a sentence of 5 to 10 years on his plea of guilty to an indictment in Cobb Superior Court charging him with incestuous adultery with his 13-year old daughter, on the grounds: (a) that: he was mentally irresponsible for the acts charged, and (b) he was incapable of understanding what he was doing, and was without counsel when he entered...

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