Legal Opinion

Stanforth v. Balkcom

Supreme Court of Georgia

Decided April 20, 1962No. 21606PublishedCited by 12 opinions

1Opinion of the Court

Duckworth, Chief Justice.

Upon the hearing of this habeas corpus proceeding, involving the incarceration of a prisoner at the Reidsville State Prison, there existed a presumption in favor of the conviction or judgment thereof unreversed, and that the decision of the court convicting him was well-founded. Code § 38-114; Jones & Alford v. Tarver, 19 Ga. 279; Mathis v. Scott, 199 Ga. 743, 744 (1) (35 SE2d 285). The burden of proof was upon the prisoner to overcome this presumption, as his petition alleges his conviction was contrary to law for a number of reasons, which the response of the State…

2Cases cited2 opinions

  1. Mathis v. ScottSupreme Court of Georgia · 1945
  2. Jones v. TarverSupreme Court of Georgia · 1856

3Cited by12 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. Gay v. BalkcomSupreme Court of Georgia · 1964

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