Adams v. Balkcom
| Decision Date | 08 November 1962 |
| Docket Number | No. 21822,21822 |
| Citation | 218 Ga. 466,128 S.E.2d 510 |
| Parties | Aaron W. ADAMS v. R. P. BALKCOM, Warden. |
| Court | Georgia Supreme Court |
Sumner & Boatright, Douglas, for plaintiff in error.
Eugene Cook, Atty. Gen., B. Daniel Dubberly, Jr., Deputy Asst. Atty. Gen., Earl L. Hickman, Asst. Atty. Gen., Walker P. Johnson, Jr., Atlanta, for defendant in error.
Aaron W. Adams filed a petition for habeas corpus alleging that his minor son, Loyd Adams, was illegally restrained of his liberty by R. P. Balkcom, Warden. From the record it appears that Loyd Adams entered a plea of guilty of the offense of burglary, and was sentenced on September 9, 1960, to not less than three nor more than five years in the pentitentiary. The sentence was probated upon the condition that he not violate any city, State, or Federal law. Thereafter he was charged with stealing certain pecans and, according to his testimony, he admitted his guilt when brought before the judge who had imposed the former sentence. The judge revoked the probationary sentence. In the petition for habeas corpus it is contended that Loyd Adams 'was not given an opportunity to be fully heard in his own behalf, in person or by counsel,' and it is contended that the revocation is void and that the warden holds him illegally.
In the bill of exceptions it is contended that the original sentence imposed upon Loyd Adams was void because the attorney signing the waiver and plea of guilty was without authority to represent him.
1. Balkcom v. Johnson, 211 Ga. 314(2), 85 S.E.2d 762; Baker v. Dixon, 213 Ga. 709(1), 100 S.E.2d 909.
2. Where a defendant pleads guilty, a judge of a superior court has authority to impose sentence in a county of his circuit other than the county in which the crime was committed. Hall v. Matthews, 210 Ga. 401, 80 S.E.2d 167; Thompson v. Lynn, 215 Ga. 165, 109 S.E.2d 522.
3. A defendant in a criminal case may not accept the benefits of a probated sentence and thereafter, upon revocation of his probation, obtain his release by habeas corpus upon the grounds that his...
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Riley v. Garrett
...198(4), 66 S.E.2d 58; Fields v. Balkcom, 211 Ga. 797, 89 S.E.2d 189; Crane v. Thompson, 218 Ga. 47(1), 126 S.E.2d 204; Adams v. Balkcom, 218 Ga. 466(1), 128 S.E.2d 510; Peppers v. Balkcom, 218 Ga. 749(1), 130 S.E.2d 709. Our criticism of the Strickland case is directed to the rulings contai......
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