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PEPPERS v. BALKCOM

21995.

218 Ga. 749 (1963)

130 S.E.2d 709

PEPPERS v. BALKCOM, Warden.

Supreme Court of Georgia.

Decided March 25, 1963.

Attorney(s) appearing for the Case

Alton T. Milam, Ben S. Atkins, Dorothy Atkins, Sam Johnson, for plaintiff in error.

Eugene Cook, Attorney General, Howard P. Wallace, Assistant Attorney General, B. Daniel Dubberly, Deputy Assistant Attorney General, contra.

ALMAND, Justice.

The bill of exceptions assigns error on the order of the trial court in refusing to discharge the plaintiff in error after a hearing on his petition for a writ of habeas corpus.

H. E. Peppers was tried and convicted of murder in Fulton Superior Court on January 19, 1961. This court affirmed the order of the trial court denying his motion for a new trial on June 8, 1961. Peppers v. State, 217 Ga. 3 (

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