Gunn v. Balkcom

Mobley, Presiding Justice.

Calvin Gunn filed a petition for habeas corpus contending that the life sentence he is serving for the crime of foeticide, for acts committed on November 22, 1969, is illegal because the crime had been abolished prior to the date of the alleged crime. The habeas corpus court found against his contention, and the appeal is from that judgment.

The Code of 1933, § 26-1103, defined the crime of foeticide. The New Criminal Code (Ga. L. 1968, pp. 1249-1351) repealed Chapter 26-11 of the 1933 Code (Ga. L. 1968, p. 1338), and did not redefine the crime. This Act was approved…