McBurnett v. Balkcom

Almand, Justice.

Vester McBurnett was convicted on January 20, 1949, in Floyd Superior Court, and was found guilty of the offense of murder, and sentenced to death by electrocution. His conviction was affirmed by this court (206 Ga. 59, 55 S. E. 2d, 598) on October 11, 1949, and subsequently the refusal of the trial judge to set aside the sentence was affirmed. 206 Ga. 841 (59 S. E. 2d, 374). On June 8, 1950, a new date was fixed for execution of the sentence, July 28, 1950. On July 25, 1950, he sought his release, by a writ of habeas corpus, from the custody of the Warden of the State…