Legal Opinion

MacK v. Youmans

Supreme Court of Georgia

Decided October 21, 1971No. 26649PublishedCited by 6 opinions

1Opinion of the Court

Felton, Justice.

1. Waiver of counsel and the voluntary, intelligent entry of guilty pleas, cannot be presumed from a silent record, but must be affirmatively shown by the record, or by an allegation and evidence. Boykin v. Alabama, 395 U. S. 238 (89 SC 1709, 23 LE2d 274); Purvis v. Connell, 221 Ga. 764 (182 SE2d 892).

2. The record is otherwise silent as to the two above-mentioned acts of the accused and no such affirmative showing as is now required was supplied by affidavits of the trial judge and a state probation officer who was present at the trial in his official capacity, which…

2Cases cited3 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. Purvis v. ConnellSupreme Court of Georgia · 1971
  3. Caldwell v. StateSupreme Court of Georgia · 1966

3Cited by6 opinions

  1. Moore v. StateCourt of Appeals of Georgia · 1973
  2. Warner v. JonesSupreme Court of Georgia · 1978
  3. Dean v. CaldwellSupreme Court of Georgia · 1972
  4. Grant v. AultSupreme Court of Georgia · 1972
  5. Jones v. McClainSupreme Court of Georgia · 1984

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