Grammer v. Balkcom, 20634
| Decision Date | 09 October 1959 |
| Docket Number | No. 20634,20634 |
| Citation | 215 Ga. 395,110 S.E.2d 749 |
| Parties | Melvin A. GRAMMER v. R. P. BALKCOM, Jr., Warden. |
| Court | Georgia Supreme Court |
Melvin A. Grammer, pro se.
B. Daniel Dubberly, Jr., glenville, Eugene Cook, Atty. Gen., John T. Ferguson, Deputy Asst. Atty. Gen., Earl L. Hickman. Atlanta, for defendant in error.
Syllabus Opinion by the Court
The plaintiff in error sought by habeas corpus to secure his discharge from prison, where he is serving a sentence of 5 to 10 years upon his plea of guilty to an indictment in Cobb Superior Court charging him with incestuous adultery with his 13-year old daughter, upon the grounds (a) that: he was mentally irresponsible for the acts charged, and (b) he was incapable of understanding what he was doing, and was without counsel when he entered the plea of guilty. This record of the evidence and pleadings comprises 127 pages, and the evidence is in conflict on the contentions of the petitioner; hence we can not hold that the trial judge abused his discretion in resolving the issues against the petitioner and in remanding him to the custody of the warden.
Judgment affirmed.
All the Justices concur.
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Fair v. Balkcom, 21184
...witnesses instead of that of petitioner's, since the habeas corpus judge, as trior, found against the petitioner. Grammer v. Balkcom, 215 Ga. 395, 110 S.E.2d 749. The Georgia Constitution provides that 'Every person charged with an offense against the laws of this State shall have the privi......
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Balkcom v. Gardner, 22590
...in resolving the issue against the contention of the respondent that the petitioner was not denied benefit of counsel. Grammer v. Balkcom, 215 Ga. 395, 110 S.E.2d 749. 2. The trial court was without authority to enter the order, quoted above, as to the petitioner receiving credit in event o......
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