MONTGOMERY v. TREMBLAY

38314.

249 Ga. 483 (1982)

292 S.E.2d 64

MONTGOMERY v. TREMBLAY.

Supreme Court of Georgia.

Decided June 2, 1982.


Attorney(s) appearing for the Case

Michael J. Bowers, Attorney General, Susan V. Boleyn, Assistant Attorney General, Deppish Kirkland III, Assistant District Attorney, for appellant.

George A. Zettler, L. R. Winters, Jr., for appellee.

Anthony Tremblay, pro se.

Sam Cook, pro se.


CLARKE, Justice.

The state is appealing the judgment of the habeas court which granted a new trial to petitioner on the grounds that the state had failed to comply with Code Ann. § 27-2401 resulting in the absence of a complete trial transcript. The state contends the transcript is unnecessary to reach the merits of petitioner's claims or alternatively contends that the court erred in failing to hold an evidentiary hearing on the merits of petitioner's claims...

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