Mosley v. State

• Docket Number: 12985.
• Decision Date: 10 October 1939
• Citation: 5 S.E.2d 47,189 Ga. 71
• Parties: MOSLEY v. STATE.
• Court: Georgia Supreme Court

5 S.E.2d 47

189 Ga. 71

MOSLEY v. STATE.

No. 12985.

Supreme Court of Georgia

October 10, 1939

Homer Beeland and Dan S. Beeland, both of Reynolds, for plaintiff in error.

Hubert Calhoun, Sol. Gen., of Columbus, Ellis G. Arnall, Atty. Gen., E. J. Clower, Asst. Atty. Gen., and C. E. Gregory, Jr., of Decatur, for defendant in error.

Syllabus Opinion by the Court.

GRICE, Justice.

The plaintiff in error, under sentence of death, having escaped from custody before the date fixed for the hearing of his case in this court, and having failed, within the time fixed in the order duly passed, to surrender himself to the proper authorities, the writ of error is dismissed in pursuance of the provision of the order referred to, that unless by the date named therein he should surrender himself the case would be dismissed. Madden v. State, 70 Ga. 383; Gentry v. State, 91 Ga. 669, 17 S.E. 956; Staten v. State, 140 Ga. 110, 78 S.E. 766.

Writ of error dismissed.

All the Justices concur.