Solesbee v. Balkcom

Petitioner was convicted of murder in a Georgia state court. His sentence was death by electrocution. Subsequently he asked the Governor to postpone execution *10on the ground that after conviction and sentence he had become insane. Acting under authority granted by § 27-2602 of the Georgia Code1 the Governor appointed three physicians who examined petitioner and declared him sane. Petitioner then filed this habeas corpus proceeding again alleging his insanity. He contended that the due process clause of the Fourteenth Amendment required that his claim of insanity after sentence be originally…