Bailey v. Smith

• Decision Date: 15 February 1971
• Docket Number: No. 26196,26196
• Citation: 227 Ga. 291,180 S.E.2d 356
• Parties: John W. BAILEY v. S. Lamont SMITH, Warden.
• Court: Georgia Supreme Court

Page 356

180 S.E.2d 356

227 Ga. 291

John W. BAILEY v. S. Lamont SMITH, Warden.

No. 26196.

Supreme Court of Georgia.

Feb. 15, 1971.

John W. Bailey, pro se.

No appearance.

Syllabus Opinion by the Court

HAWES, Justice.

This is an appeal from the denial of a habeas corpus. Appellant represents himself. His brief fails to comply with the provisions of Rule 16, Par. 3, of the Rules of the Supreme Court in that Part 1 thereof nowhere contains a succinct statement of the issues of law as made by the error enumerated, nor does it contain any reference to the part or parts of the record and transcript of the evidence relied upon in support of the contentions of appellant. Appellant's basic contention is that he was denied effective assistance of counsel on the trial of the case. Attached as an exhibit to the reporter's transcript transmitted to this court is a copy of the transcript of the trial. The reporter's transcript including that exhibit totals some 195 pages. Whether appellant was denied effective assistance of counsel upon the trial of this case, or whether the failure of counsel to appeal after the appellant was convicted and sentenced to life imprisonment was an exercise of such poor judgment under the circumstances as to warrant a conclusion that the appellant's constitutional rights were denied him are questions whose solution depends upon an examination of the evidence. However, 'Under these circumstances this court will not undertake an aimless search of the record or a general reading of the evidence in toto in order to ascertain if the contentions of the appellant are meritorious.' Law v. Smith, Warden, 226 Ga. 298, 299, 174 S.E.2d 893, 894. Accordingly, the judgment appealed from must be affirmed. See Hicks v. Maple Valley Corporation,...