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McLENDON v. BALKCOM

17108.

207 Ga. 100 (1950)

60 S.E.2d 753

McLENDON v. BALKCOM, Warden.

Supreme Court of Georgia.

Rehearing Denied July 13, 1950.

Attorney(s) appearing for the Case

Samuel E. Tyson and Randall Evans Jr., for plaintiff.

J. T. Grice, for defendant.

ATKINSON, Presiding Justice.

(After stating the foregoing facts.) 1. It was alleged that the prisoner was insane at the time the habeas corpus proceedings were instituted and therefore could not be legally executed. Code § 27-2601 provides: "No person who has been convicted of a capital offense shall be entitled to any inquisition or trial to determine his sanity." Also Code § 27-2602 provides: "Upon satisfactory...

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