Lavender v. State

Hall, Justice.

This is an out-of-time appeal granted by the superior court pursuant to an order of the United States District Court, Northern District of Georgia, dated January 10, 1975, from Lavender’s 1968 murder conviction. The law applicable to this appeal pre-dates the Criminal Code of 1968.

While the evidence is in conflict, there is evidence to show that the defendant had been drinking and was found sleeping on a couch in a tavern about 1:30 a.m. The manager of the tavern awakened the defendant and walked with him to the door. The defendant was then using profanity, and a few minutes…