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JONES v. BALKCOM

23474.

222 Ga. 201 (1966)

149 S.E.2d 97

JONES v. BALKCOM, WARDEN.

Supreme Court of Georgia.

Decided May 26, 1966.

Attorney(s) appearing for the Case

Wm. T. Brooks, for appellant.

Arthur K. Belton, Attorney General, B. Daniel Dubberly, Jr., Deputy Assistant Attorney General, Lewis R. Slaton, Solicitor General, J. Walter LeCraw, for appellee.

ALMAND, Justice.

George Charles Jones in a petition for a writ of habeas corpus against R. P. Balkcom, Warden of the State Penitentiary, alleged that he was in the custody of the warden by reason of a sentence of death imposed upon him by the Superior Court of Fulton County upon his conviction for murder. He alleged that he was being illegally held by the warden in that the Constitution of the State of Georgia "in no place specifies that the legislature is empowered...

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