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BONNER v. SMITH

25659.

226 Ga. 250 (1970)

174 S.E.2d 438

BONNER v. SMITH, Warden.

Supreme Court of Georgia.

Decided April 9, 1970.

Attorney(s) appearing for the Case

Elbert Frank Bonner, pro se.

Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Marion O. Gordon, Assistant Attorney General, Wade V. Mallard, Jr., for appellee.

FELTON, Justice.

1. The pauper's affidavit contained in the present record on appeal, which stated that, because of appellant's poverty "he is unable to pay the costs and fees or to give bond in lieu thereof," was a "sufficient" affidavit, as required by Rule 21 of this court (Code Ann. § 24-4521) for the filing of appellant's brief, under the provisions of the Ga. Const. of 1945, Art. VI, Sec. XVIII, Par. II (Code Ann.

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