Knox v. Caldwell, 27119
| Decision Date | 03 May 1972 |
| Docket Number | No. 27119,27119 |
| Citation | 189 S.E.2d 391,229 Ga. 113 |
| Parties | Herbert KNOX v. E. B. CALDWELL, Jr., Warden. |
| Court | Georgia Supreme Court |
Herbert Knox, pro se.
Arthur K. Bolton, Atty. Gen., Harold N. Hill, Jr., Executive Asst. Atty. Gen., Courtney Wilder Stanton, W. Hensell Harris, Jr., Asst. Attys. Gen., Atlanta, for appellee.
Syllabus Opinion by the Court
This is an appeal in a habeas corpus case where the prisoner was remanded to the custody of the Warden of the Georgia State Prison at Reidsville, Georgia. After the appeal was docketed in this court a motion to dismiss, supported by the affidavit of the respondent, was filed in which it was asserted that the prisoner had escaped. No denial of the facts as alleged in the motion and as shown by the affidavit attached thereto has been filed in this court by the appellant or otherwise. Held:
Under the authority of cases exemplified by Blalock v. Corpe, 215 Ga. 61, 108 S.E.2d 715 and Gravitt v. State, 221 Ga. 812, 147 S.E.2d 447, the appeal must be dismissed.
Appeal dismissed.
All the Justices concur.
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Beck v. Ault, 29564
...Beck had escaped and remained a fugitive. This affidavit is uncontroverted. Under these circumstances the appeal is moot. Knox v. Caldwell, 229 Ga. 113, 189 S.E.2d 391; Binns v. State, 229 Ga. 120, 189 S.E.2d Appeal dismissed. All the Justices concur. ...