Davis v. State

I concur in all that is set forth in the majority opinion, and add the following special concurrence.

The Supreme Court of Georgia, in the recent cases of Holloway v. Hopper, 233 Ga. 615, 616 (212 SE2d 795), and Moore v. Hopper, 233 Ga. 894, 895 (213 SE2d 866), have held that the attorney does not have the prerogative of deciding whether or not to appeal. That is a right of the defendant, and he cannot be deprived of that right because his counsel may decide the appeal is without merit. Incidentally, in many criminal cases it is quite easy to try a criminal case by writing the word "not” just…