Evans v. Watson, 31278

Decision Date09 July 1976
Docket NumberNo. 31278,31278
Citation237 Ga. 249,227 S.E.2d 253
PartiesAlbert Steve EVANS v. H. Grady WATSON, Clerk, et al.
CourtGeorgia Supreme Court

Albert Steve Evans, pro se.

Arthur K. Bolton, Atty. Gen., Tobert S. Stubbs, II, Chief Deputy Atty. Gen., Richard L. Chambers, Deputy Atty. Gen., G. Thomas Davis, Senior Asst. Atty. Gen., Kirby G. Atkinson, Staff Asst. Atty. Gen., Atlanta, for appellees.

JORDAN, Justice.

Appellant, serving a sentence in the Georgia penal system, filed a 'motion for the transcript in cases (44466), (44467), and (44468).' While appellant's notice of appeal states that the transcripts were needed to 'perfect an appeal by a petition of habeas corpus,' no showing was made in the trial court as to the need or purpose for which the transcripts were sought. The trial court denied the petition.

On the basis of this record we affirm. Billups v. State, 234 Ga. 147, 148, 214 S.E.2d 884 (1975).

Judgment affirmed.

All the Justices concur, except GUNTER and INGRAM, JJ., who dissent.

HILL, Justice (concurring).

Although I dissented in Billups v. State, supra, in view of United States v. MacCollom -- U.S. --, 96 S.Ct. 2086, 48 L.Ed.2d 666 (decided June 10, 1976), which, although it involved a federal prisoner, dealt with equal protection, I concur in the judgment of the court.

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6 cases
  • Wyche v. State
    • United States
    • Georgia Court of Appeals
    • November 4, 1976
    ...different from that in which such request has been denied as in Billups v. State, 234 Ga. 147, 214 S.E.2d 884 and in Evans v. Watson, 237 Ga. 249, 227 S.E.2d 253. In those opinions and in the citations contained therein, the appellant made no showing as to the need or purpose for which the ......
  • McDowell v. Balkcom, 36549
    • United States
    • Georgia Supreme Court
    • October 31, 1980
    ...then entered an order denying McDowell's motion stating that it failed to meet the requirements of law set out in Evans v. Watson, 237 Ga. 249, 227 S.E.2d 253 (1976) and Billups v. State, 234 Ga. 147, 214 S.E.2d 884 (1975). We affirm. "While an indigent is entitled to a copy of his trial tr......
  • Holmes v. Kenyon, 31936
    • United States
    • Georgia Supreme Court
    • April 5, 1977
    ...Justice, concurring specially. I concur in the judgment of the court for the reasons stated in my concurring opinion in Evans v. Watson, 237 Ga. 249, 227 S.E.2d 253. See United States v. MacCollom, 426 U.S. 317, 96 S.Ct. 2086, 48 L.Ed.2d 666 ...
  • Huddleston v. Clerk of Superior Court, Carroll County
    • United States
    • Georgia Supreme Court
    • October 25, 1977
    ...of necessity or justification. United States v. MacCollom, 426 U.S. 317, 96 S.Ct. 2086, 48 L.Ed.2d 666 (1976); Evans v. Watson et al., 237 Ga. 249, 227 S.E.2d 253 (1976); Billups v. State, 234 Ga. 147, 214 S.E.2d 884 (1975); Wilson v. Downie, 228 Ga. 656, 658, 187 S.E.2d 293 Judgment affirm......
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