Legal Opinion

Gay v. Balkcom

Supreme Court of Georgia

Decided January 10, 1964No. 22267PublishedCited by 17 opinions

1Opinion of the Court

Duckworth, .Chief Justice.

In a habeas corpus hearing there is a 'presumption in favor of the conviction or judgment unreversed, and that the decision of the court convicting the prisoner was well founded, Code § 38-114, Jones & Alford v. Tarver, 19 Ga. 279, ■ Mathis v. Scott, 199 Ga. 743, 744 (1) (35 SE2d 285), Stanforth v. Balkcom, 217 Ga. 816 (125 SE2d 505), and the burden is upon the prisoner to overcome this presumption. His petition alleges he was denied due process and right of counsel, and he was not informed of his right of trial by jury, copy of accusation, list of witnesses and of…

2Cases cited5 opinions

  1. Fair v. BalkcomSupreme Court of Georgia · 1961
  2. Bradford v. MillsSupreme Court of Georgia · 1951
  3. Mathis v. ScottSupreme Court of Georgia · 1945
  4. Stanforth v. BalkcomSupreme Court of Georgia · 1962
  5. Jones v. TarverSupreme Court of Georgia · 1856

3Cited by17 opinions

  1. LEJEUNE v. McLAUGHLINSupreme Court of Georgia · 2014
  2. Brand v. WoffordSupreme Court of Georgia · 1973
  3. Dutton v. ParkerSupreme Court of Georgia · 1966
  4. Burston v. CaldwellSupreme Court of Georgia · 1972
  5. Brown v. HollandSupreme Court of Georgia · 1972

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