BOWEN v. BALKCOM

22436.

219 Ga. 858 (1964)

136 S.E.2d 343

BOWEN v. BALKCOM, Warden.

Supreme Court of Georgia.

Decided April 21, 1964.


Attorney(s) appearing for the Case

Willie E. Bowen, pro se.

Eugene Cook, Attorney General, Albert Sidney Johnson, Assistant Attorney General, B. Daniel Dubberly, Jr., Deputy Assistant Attorney General, contra.


QUILLIAN, Justice.

Where, as in the present habeas corpus case, the only issue made by the petitioner's pleadings and evidence was that the sentence under which the petitioner is incarcerated is invalid and void because his counsel was not present when the sentence was imposed and there was ample evidence submitted upon the hearing to support the conclusion that the petitioner, being fully informed that his counsel was not in court, expressly waived his presence and...

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