Lay v. State

Hill, Justice.

Frances Lay was indicted together with her son (Undell Lay) and James Moten for the murder of her teenage grandaughter. The son pled guilty to the murder and testified for the defense at the trial, which resulted in the convictions of Frances Lay and James Moten.

James Moten’s conviction was timely appealed and affirmed. Moten v. State, 231 Ga. 642 (203 SE2d 527) (1974). Frances Lay’s attorney failed to timely file her appeal. She. subsequently filed a petition for habeas corpus, which was granted, resulting in this "out of time appeal.”

1. Frances Lay contends that the evidence…